Case Details

Citation(s)
2021 SLG 1741 2021 SLD 1741 2021 YLR 1769
Sindh High Court
Criminal Appeal No. 288 of 2019, decided on 4th July, 2020.
NAZAR AKBAR, JUSTICE
Nemo for Appellant. Ms. Seema Zaidi, Additional P.G., Sindh for the State.

MUHAMMAD SALEEM SHAHZAD

VS

THE STATE

Law: Penal Code (XLV of 1860)

Section: 320,427

Penal Code (XLV of 1860)--- ----Ss. 320 427---Qatl-i-khata, hurt by rash and negligent driving---Appreciation of evidence---Accused was charged for hitting his trailer with the bike of deceased and causing him serious injuries resultantly, deceased died---Record showed that accused after filing appeal and obtaining bail had absconded from the Court and, therefore, after taking action against the surety for production of the accused, the surety was forfeited and Investigating Officer was directed to produce the accused---On his failure, SSP Investigation was called to explain the circumstances in which the accused could not be arrested by the police, however, pursuant to the order owner of the vehicle involved in the accident was present in Court and he was directed to produce the vehicle in Court---Said owner of the vehicle did not produce the vehicle unless police took its custody---Vehicle would remain in the custody of the Nazir of the Court until the absconding accused was produced in court---High Court observed that Investigating Officer and the SSP should make sure that the original driving licence of the accused should also be produced in court with fresh verification---Pursuant to the said order, SSP investigation had submitted a report that the licence produced by the accused at the time of his arrest was fake and bogus---During trial, prosecution had relied on a report dated 30.08.2016 from the Incharge Driving Licence Branch, wherein driving licence of the accused was verified as genuine---Such fact showed that accused had managed a bogus verification report regarding his driving licence, therefore, SSP Investigation was directed to ensure a comprehensive inquiry through the competent authority into the circumstances in which a fake licence was initially issued from Driving Licence Branch and then it was protected by sending verification report about the fake licence as genuine and whoever was responsible in issuing fake licence and verification report dated 30.08.2016 from the Driving License Branch, action be taken against all those persons according to law---SSP Investigation had informed that action would be taken against owner of the vehicle…
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