WRITTEN ARGUMENTS FOR CRIMINAL TRIAL

IN THE COURT OF JUDICIAL MAGISTRATE V KARACHI CENTRAL

Cr. Case No.         /04

   

STATE             VERSUS                 Muhammad Siddique

WRITTEN ARGUMENTS

                                

                               It is respectfully submitted on behalf of the abovenamed accused/Applicant that this Hon’ble Court may be pleased to acquit him in consideration of the following facts and grounds: -

BRIEF FACTS

             As per an FIR, the Complainant, Muzaffar Ali, H.C, alongwith P.C, Liaqat Ali, was on patrolling to stop & check crime, at 0130 hrs. reached at Qalandria Chowk, then saw two persons, at mid of the road, walking in zig zag, checked them, they seemed in state of drinking, they told their names (1) Tanveer Ahmed (2) M. Siddique, they were produced before SI, Inam Haider who sent them to Abbasi Shaheed Hospital for medical check up.

It is submitted that prosecution submitted the Charge-Sheet on 19-5-2003, charged was framed on 18-7-2003, but the accused did not plead guilty and claimed for trial and four witnesses were examined

 

Muzaffar Ali P.W-1 Exh.#7 H.C/Complainant

Stated in FIR that “at 0130 hrs. on 4.5.2003, two persons, at mid of the road, were walking in zig zag, on checking they were seemed in state of drinking.”

Stated in Examination-in-Chief “We saw two persons were fighting each others and lying on ground.”  “thereafter we taken accused persons to police station as we found smell of alcohal from their mouth”

stated in Cross-Examination that “Four taxi drivers were found present at Qalandria Chowk (Place of incident),  I did not call those taxi drivers to be witnesses. We reached at hospital at about 3-00 or 3-30 a.m. we arrive back at P.S. at about 4-30 a.m.”

to the  COURT

stated that “I did not state any contents of FIR to SI Inam Hyder but he himself written FIR.We taken both persons to MLO Hospital from P.S. after handcuffing both persons. Both were under handcuffs when MLO examied them at hospital.”

Liaqat Ali P.W-02 Exh. #4

Stated in Examination-in-Chief that “We saw two persons making noises, we stopped them & at inquire them they disclosed their names. We found them under the influence of alkohal.”

In Cross-Examination he stated that “we saw accused while walking zig zag and persons standing there also informed us about nature of accused & told us  for checking about, 10/12 person gathered at place of first arrest of accused. We did not ask those private persons to be witnesse”

“we departed from P.S to go to hospital at 2.30 a.m, I was sitting in mobile when accused were examined by MLO. HC Muzaffar was also sitting in mobile. We stayed at hospital for about one and half hour. We left hospital for P.S. at about 3.45 a.m, the distance in between P.S & hospital may be 5 kms. We arrived at P.S. from hospital at 4-30 a.m.”

To Court

“We did not handcuff accused persons. When we were going to hospital from P.S.

Inam Haider  P.W-  Exh.#7

In Cross-Examination he stated that “Their clothes were dirty. It was 1-45 hrs. when I sent the accused persons to hospital.”

Dr. Aqeel S. Khandwala P.W-   Exh.#6

Satted in Examination-in-Chief that “On 4-5-2003 I was posted at Abbasi Shaheed Hospital as MLO. On same night at about 4-25 a.m. ASI Ahmed Hussain produced two accused persons. I taken his blood samples & sealed in syringe & handed over same to ASI Ahmed for Chemical analysis”

In Cross-Examination stated that “Accused wearings were normal. I did not make any person as witness of sealing blood. I sealed blood samples in room by myself. The blood sample were sealed by peon. Accused were taken back at about 5-00 or 5-15 a.m. I did not take stomach contents of accused.”

GROUNDS

1.                 That the Applicant is quite innocent and this case is false and fabricated by the police officials and police subordinate due to enmity.

2.                 That the Applicant is a poor person and belongs to respectable family and the alleged allegation is foisted one by the police officials, actually no offence was committed by the said accused person, and there is inconsistent statement by the P.W-1 as

Muzaffar Ali P.W-1 Exh.#7 H.C/Complainant

Stated in FIR that “at 0130 hrs. on 4.5.2003, two persons, at mid of the road, were walking in zig zag, on checking they were seemed in state of drinking.”

                                      

Stated in Examination-in-Chief “We saw two persons were fighting each others and lying on ground” While he did not disclosed that the two persons in state of drinking at that spot “thereafter we taken accused persons to police station as we found smell of alcohal from their mouth”

While he did not disclosed that the two persons were in state of drinking or under influence of alcohol at that spot, and he further disclosed to the COURT that

“I did not state any contents of FIR to SI Inam Hyder but he himself written FIR”

3.                 That there is a violation of mandatory provisions of Section 103 Cr.PC while the place of occurrence is well /thikly populated area of the vicinity, witnesses are not resident of the locality but the subordinates who are interested witnesses inter se. as

Muzaffar Ali P.W-1 Exh.#7 H.C/Complainant

stated in Cross-Examination that “Four taxi drivers were found present at Qalandria Chowk (Place of incident), I did not call those taxi drivers to be witnesses”

Liaqat Ali P.W-2,  Exh. #4

In Cross-Examination he stated that “About, 10/12 person gathered at place of first arrest of accused. We did not ask those private persons to be witnesse”

4.                     That there are a lot of contradictions in the statements of P.Ws. as       Muzaffar Ali P.W-1 Exh.#7 H.C/Complainant

stated in Cross-Examination that “We reached at hospital at about 3-00 or 3-30 a.m. we arrive back at P.S. at about 4-30 a.m.”

to the  COURT

stated that “I did not state any contents of FIR to SI Inam Hyder but he himself written FIR.We taken both persons to MLO Hospital from P.S. after handcuffing both persons. Both were under handcuffs when MLO examied them at hospital.”

Liaqat Ali P.W-2,  Exh. #4                                                     In Cross-Examination he stated that “We departed from P.S to go to hospital at 2.30 a.m, I was sitting in mobile when accused were examined by MLO. HC Muzaffar was also sitting in mobile. We stayed at hospital for about one and half hour. We left hospital for P.S. at about 3.45 a.m, the distance in between P.S & hospital may be 5 kms. We arrived at P.S. from hospital at 4-30 a.m.”

to the  COURT

stated that “We did not handcuff accused persons. When we were going to hospital from P.S.

Inam Haider  P.W-  Exh.#7

In Cross-Examination he stated that “Their clothes were dirty. It was 1-45 hrs. when I sent the accused persons to hospital.”

Dr. Aqeel S. Khandwala P.W-   Exh.#6

In Cross-Examination stated that “On 4-5-2003 I was posted at Abbasi Shaheed Hospital as MLO. On same night at about 4-25 a.m. Accused wearings were normal. I did not make any person as witness of sealing blood. I sealed blood samples in room by myself. The blood sample were sealed by peon. Accused were taken back at about 5-00 or 5-15 a.m. I did not take stomach contents of accused.”

5.                 That when blood of accused was no witness was made and the MLO stated the blood sample was sealed by peon then how it can be relied upon that the blood sample was of the same accused persons and MLO did not take stomach contents of accused

6.                 That prosecution has failed to support the case by contradictions in the prosecution evidence but the accused has proved his version and corroborated by the evidence produced by the prosecution.

7.                 That the witnesses produced by the prosecution are fit under Tazkia-tul-Shahood.

8.                 That applicant is not a previous convicted nor a hardened criminal and neither he tempered with P.Ws nor he absconded,

PRAYER

                     It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to acquit him, under the circumstance and facts mention above, in the interest of Justice.

                   Prayed accordingly in the interest of Justice.

Karachi.

Dated: - ---/---/04                                                  (SM ZUBAIR)

                                                                AVOCATE for the Accused