Muhammad Kashif vs State Ss — 2025 YLR 1877 KARACHI-HIGH-COURT-SINDH

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Muhammad Kashif VS State Ss. 9(1), Sr. No. 3(c) & 25---Possession and transportation of 2020 grams charas---Appreciation of evidence---Non-production of second recovery witness----Accused was charged for having in possession 2020-grams charas---Alleged by defence that only one recovery witness was produced, which was fatal to the prosecution case---Complainant who wrote the mashirnama and signed the same being the author and the attesting witness of the said document were examined before the trial Court and document was exhibited without objections---During cross-examination, neither signature of ascribe was challenged nor the writing on document (Memo. randum of Recovery) was controverted and the document of recovery was not disputed at all---Even, the veracity of Memorandum of Recovery & Seizure was not denied---Thus, stance of defence had no force at that belated stage---Court were conscious that even a natural witness would not necessarily stand to be the witness of truth and for that reason the satisfaction of the Court was a rule for appreciation of evidence that the evidence of witness to consider and evaluate in a manner that was believable to a prudent mind---Conviction could be given on the sole evidence of a material witness---Conversely, the failure of direct evidence was always sufficient to hold a criminal charge as 'not proved' and requirement of independent corroboration was only a rule of abundant caution and it was not a mandatory rule to be followed invariably in each case---Therefore, an eye-witness was always sufficient to establish the guilt if his evidence was confidence inspiring and trustworthy and corroborated by another independent source of evidence because the law considered the quality of evidence and not its quantity to prove the charge---Appeal against conviction was dismissed, in circumstances.

Muhammad Kashif vs State Ss — 2025 YLR 1877 KARACHI-HIGH-COURT-SINDH

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