M/s Sui Southern Gas Company Ltd. vs State S — 2026 MLD 568 KARACHI-HIGH-COURT-SINDH

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M/s Sui Southern Gas Company Ltd. VS State S. 15---Penal Code (XLV of 1860), S. 34---Criminal Procedure Code (V of 1898), S.417---Tampering with auxiliary or distribution pipelines of natural gas, common intention---Appreciation of evidence---Appeal against acquittal---Contradictions in the evidence of witnesses---Accused was alleged to have been found involved in theft of natural gas through a rubber pipe for running his school---In this case, the complainant had been declared hostile by the prosecution and he had been subjected to lengthy cross-examination, but no fruitful result had been achieved while evidence of witnesses had confirmed that gas was being misused through a generator that had been recovered, but none of the prosecution witnesses had been deposed directly against respondent No. 2 that he was the owner, occupier or user of the premises/school---Deposition of witnesses was at variance and material contradictions were found between the evidence of said witnesses---Former witnesses had categorically deposed that respondent No.2 was not present at the site at the time of recovery and seizure of the fake meter and generator while one of the witnesses had deposed that male administrator was available at site---On demand respondent No.2 could not produce monthly bill of the said meter---Such material contradictions created dented the credibility of the prosecution story and three official witnesses had not confirmed that respondent No.2 was owner of premises and he was available at site---Appeal against acquittal was dismissed, in circumstances. Citation Name: 2026 MLD 568 KARACHI-HIGH-COURT-SINDHBookmark this Case M/s Sui Southern Gas Company Ltd. VS State S. 15---Penal Code (XLV of 1860), S. 34---Qanun-e-Shahadat (10 of 1984), Art. 76---Criminal Procedure Code (V of 1898), S.417---Tampering with auxiliary or distribution pipelines of natural gas, common intention---Appreciation of evidence---Appeal against acquittal---Secondary evidence---Scope---Accused was alleged to have been found involved in theft of natural gas through a rubber pipe for running his school---Evidence of Investigating Officer as well the affidavit allegedly sworn by respondent No.2, showed that Investigating Officer had produced an attested copy in respect of affidavit and not the original and same had been though marked as exhibit, which was inadmissible evidence in view of requirement of Art.76 of the Qanun-e-Shahadat, 1984, as the prosecution was under burden to produce the primary evidence---In case of loss or misplacing of the primary evidence, an application to seek permission must be filed during evidence which was mandatory under Art.76 of Qanun-e-Shahadat, prosecution, therefore exhibition of copy of affidavit could not be held admissible document and could not be read into evidence while passing impugned judgment as it had rightly been done by the Trial Court---Even such factum had not been attributed to respondent No.2 during recording his statement under S.342, Cr.P.C.---Appeal against acquittal was dismissed, in circumstances. Citation Name: 2026 MLD 568 KARACHI-HIGH-COURT-SINDHBookmark this Case M/s Sui Southern Gas Company Ltd. VS State S. 342---Material not put to the accused while recording statement of accused---Scope---When a material has not been attributed to an accused present while facing trial, such material would not be considered. Citation Name: 2026 MLD 568 KARACHI-HIGH-COURT-SINDHBookmark this Case M/s Sui Southern Gas Company Ltd. VS State Circumstantial evidence---Scope---In cases where the crime or offence is unseen, un-witnessed or based on hearsay evidence, the prosecution must rely on strong circumstantial evidence to establish guilt.

M/s Sui Southern Gas Company Ltd. vs State S — 2026 MLD 568 KARACHI-HIGH-COURT-SINDH

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