Discussed Laws: Penal Code 1860 S.269, S.270, S.337-J, Criminal Procedure Code 1898 S.103, Constitution of Pakistan Art. 10-A, Qanun-e-Shahadat order1984 ,Art. 129(g)
Negligent act likely to spread infection of disease dangerous to life—Malignant act likely to spread infection of disease dangerous to life—Causing hurt by mean of a poison—Search to be made in presence of witnesses— Right to fair trial— Court may presume existence of certain facts.
The Honourable Court noted in the case, Mohsin alias Mullan—Appellant versus The State—Respondent (Cr. Appeal No. S- 17 of 2020) Sindh(Hyderabad Bench), has stated in para 12 that:— fair trial, necessarily postulates that the informant and the investigator must not be the same person. Justice must not only be done but must appear to be done also.
Furthermore, the Bench then holds in para 13 that: the appellant also stated that complainant / PW-1 being head of the police party was present at the time of search, recovery and also acted as investigating officer of the case, which is fatal to the case of the prosecution. PW-1 according to the prosecution, was present with PW-2 at that time. In fact, PW-1 alone took-up an investigation in the case and he had examined the witnesses. It, therefore, follows that P.W-1 was the person who had searched the appellant and he being the investigating officer, certainly it is not proper and correct. The investigation ought to have been done by any other investigating officer. On this score alone, the investigation is bound to suffer and as such the entire proceedings will be vitiated.
In Conclusion, the appeal was allowed and the appellant was acquitted of the charge.