THE HIGH COURT OF SINDH, AT KARACHI

Criminal Appeal No. 335 of 2021

Appellant: Asad @ Chota through M/s Maroof Hussain Hashmi and Muhammad Syed Anjum advocates

The State: Through Ms. Rubina Qadir, Deputy Prosecutor General Sindh

Date of hearing: 04.10.2022

Date of judgment: 04.10.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is the case of prosecution that the appellant was found to be in possession of unlicensed pistol of 30 bore with magazine containing 04 live bullets of same bore by police party of Brigade Karachi led by ASI Sahib Khan, for that he was booked and reported upon. On conclusion of trial, he was convicted under Section 23(1)(a) of Sindh Arms Act, 2013 and sentenced to undergo simple imprisonment for 07 years with fine of Rs.50,000/- and in default whereof to undergo simple imprisonment for 02 months with benefit of Section 382-B Cr.P.C by Additional Sessions Judge-I, Karachi East, vide judgment dated 14.02.2021, which is impugned by the appellant before this Court by preferring the instant appeal.

2. At the very outset, it is pointed by learned counsel for the appellant and learned DPG for the State that evidence recorded in S.C.No. 2327/2020 has been brought on file of this case and on the basis of such evidence, the appellant has been convicted and sentenced, which is against the spirit of fair trial. By pointing out so, they suggested for remand of the case with direction to learned trial Court to record evidence of the complainant and his witnesses in this case independently.

3. Heard arguments and perused the record.

4. The suggestion advanced by learned counsel for the parties is taking support from the record. Evidence recorded in some other case could not be brought on file of other case legally, it is contrary to the mandate contained by Section 353 Cr.P.C, which prescribes recording of evidence of the witnesses in every case independently that too in presence of the accused.

5. In case of Muhammad Khurshid vs. The State (PLD 1963 S.C 157), it has been held by Hon’ble Apex Court that;

“The Evidence Act does not make findings arrived at on the evidence before the Court, in, one ease evidence of that fact in another case. Each case is to be judge upon its own facts established by the evidence led therein."

6. In view of above, the impugned judgment is set aside with direction to learned trial Court to record the evidence of the complainant and his witnesses in present independently and then to make fresh disposal of the case, in accordance with law.

7. Instant appeal is disposed of accordingly.

JUDGE