MUHAMMAD QASIM BHUTTO vs State Ss — 2024 YLR 1474 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD QASIM BHUTTO VS State Ss. 409 & 381---Prevention of Corruption act (II of 1947), S. 5(2)---Qanun-e-Shahadat (10 of 1984), art. 129(g)---Criminal breach of trust, theft by clerk or servant or property in possession of master, criminal misconduct---appreciation of evidence---Withholding material witness---Effect---accused was charged for mis-appropriating cash of Rs. 703,033/- and various articles---as per record, the main person who took charge of the Record-Room from the present accused and allegedly reported the matter regarding missing of case properties as well as shortage in cash, was not produced as a witness by the prosecution before the Trial Court---as per the FIR, said witness was the person who provided the details regarding the missing case properties; however, he was not examined by the prosecution without any valid reason---Non-examination of such witness left a gaping hole in the prosecution case---Investigating Officer of the case was not examined before the Trial Court---aSI, aCE, during his deposition stated that Investigating Officer was paralyzed and could not appear before the Court---Said witness was well-conversant with the signature and hand-writing of Investigating Officer---Said witness stated that the Investigating Officer recorded the statements of the witnesses in his own hand-writing, which he identified---However, when Investigating Officer was available, then efforts should have been made to produce him before the Court---Said witness also stated that he was present in Court when challan was produced against the accused in Court, but that statement could not be relied upon, as he became a chance witness---Prosecution gave up another witness which further weakened the case of the prosecution as presumption would arise that if he had been examined by the prosecution, he would have not supported the prosecution case---Therefore, provisions of art. 129(g) of Qanun-e-Shahadat, 1984 were very much attracted and benefit of same was to be given to the accused and not to the prosecution---appeal against conviction was allowed, in circumstances.

MUHAMMAD QASIM BHUTTO vs State Ss — 2024 YLR 1474 KARACHI-HIGH-COURT-SINDH

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