JUDGMENT SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. Appeal No.250 of 2015

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Date                            Order .with signature of Judge

Present:

Mr. Justice Muhammad Iqbal Kalhoro, J.

Mr. Justice Khadim Hussain Shaikh, J.

11.09.2017.

None present for the appellant.

Mr. Abrar Ali DPG for the State.

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J U D G M E N T

MUHAMMAD IQBAL KALHORO J: Allegedly   Appellant Shoaukat Ali @ Sakhi was arrested from Yakoob Munda Chowk near Chachi Hotel Qasim Shah Road, Keamari Karachi on 10.02.2015 at 1400 hours by complainant ASI Fida ur Rehman and other police officials of P.S. Jackson and from him 450 grams Charas was recovered. Resultantly such memo of arrest and recovery was prepared and appellant was brought at P.S. Jackson, where present case was registered against him.

2.         During the trial, prosecution has examined P.W.1 PC Muhammad Rasheed at Ex.4, P.W.2 complainant ASI Fidaur Rehman at Ex.5, P.W.3 I/O SIP Javed Akhtar at Ex.6. They have produced all necessary documents including FIR, memo of arrest and recovery chemical examiner’s report, etc.

3.         After conclusion of prosecution evidence, statement of the appellant u/s 342 Cr.P.C was recorded in which he has denied the allegations. He, however, neither examined himself on oath nor any one in his defence. At the conclusion of trial, the appellant has been convicted vide impugned judgment as under, which he has challenged.

To suffer R.I. for 01 year and 10 months and fine of Rs.15000/-, in default of which to suffer SI for 05 months. Appellant has been extended benefit of section 382-B Cr.P.C.

4.         Today the appellant, who is on bail and his counsel are called absent without any intimation. However, we have seen the record and proceedings of this case including the evidence of the witnesses with the assistance of learned DPG. We have noted that in the trial the appellant was unrepresented despite that the trial court did not care to provide him the counsel, or to put itself relevant questions from the witnesses in their cross-examination, as it is the prime duty of the court to find out truth and to do justice irrespective of the fact whether the accused is represented by a counsel or not. Therefore, in this matter violation of Article 10-A of the Constitution is apparent on the face of record as the appellant does not seem to have been provided a proper opportunity to defend himself. In addition to above, we have observed that in cross examination of the P.Ws, certain contradictions have come on record which have rendered the prosecution case doubtful. For example P.W.1 in his cross examination has disclosed that contents over the sealed bag were written at P.S. by SIP Javed Akhtar and has further admitted that he does not know who wrote the memo of arrest and recovery at the place of incident although as per prosecution case, he was present at the spot. Complainant of this case in his cross examination has admitted that the appellant was arrested from Majeed Colony KPT building Karachi although the prosecution case is that he was arrested from Yakoob Munda chowk near Chahi hotel. The third witness namely SIP Javed Akhtar in his cross examination has disclosed that writing over the sealed bag was written by ASI Fida ur Rehman, which is in contradiction  of the disclosure made by P.W.1 PC Muhammad Rasheed, who in his evidence has stated that all the contents over sealed bag were written by SIP Javed Akhtar. After looking at the above stated contradictions coupled with the fact that the appellant was unrepresented in the trial, we are of the view that prosecution has not been able to prove its case against the appellant beyond a reasonable doubt, and this is the reason, learned DPG has not strongly supported the impugned judgment. We in the circumstances allow this appeal and acquit the appellant of the charge by extending him benefit of doubt. The record reflects that the appellant was granted bail by this court vide order dated 26.10.2015. His bail bond is cancelled and surety discharged.

            The Appeal stands allowed of in the above terms.

                                                                                                             JUDGE

                                                                               JUDGE

A.K