ALI HUSSAIN alias RAJU vs State S — 2024 YLR 996 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 YLR 996 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: YLR
Parties: ALI HUSSAIN alias RAJU vs State S
Subject matter: Criminal
Provisions referred to: S. 9; S. 342

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ALI HUSSAIN alias RAJU VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Contradictions in the prosecution's evidence---Police Officials as witnesses---Enmity with the Police Officials---Record revealed that Mashiras a prosecution witness during his examination replied that there was a slab of charas but in cross-examination he replied that there were 07 pieces of charas---Prosecution had no explanation for such ambiguity---According to the case of prosecution, appellant was arrested at 6:00 a.m. and presence of 2/3 private persons had also come on record--- Non-examination of these private persons was fatal to the case of prosecution, for the reason that appellant in his statement recorded under S. 342, Cr.P.C., had claimed enmity with the police officials---No doubt, evidence of Police Officials was as good as of private persons but when appellant claimed enmity with police the Court would look into independent corroboration, which was lacking in present case---Circumstances established that the prosecution had failed to bring home the guilt of accused---Appeal against conviction was allowed, in circumstances.

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