MUHAMMAD YASIN vs The S FATE and anothers — 1972 PCRLJ 181

Citation: 1972 PCRLJ 181

Court: Sindh High Court

Year: 1971

Decision Date: 1971-03-15

Parties: MUHAMMAD YASIN vs The S FATE and anothers

Headnotes

Case cited as 1972 PCRLJ 181

Judgment Text

Court Name: Sindh High Court Judge(s): Ataullah Sajjad Title: MUHAMMAD YASIN vs The S FATE and anothers Case No.: Criminal Revision Application No. 163 of 1968 Date of Judgment:1971-03-15 Reported As: 1972 P Cr. L J 181 Result: Case remanded JUDGMENT JUDGMENT The applicant was prosecuted for an offence under sections 115 and 116 of the Municipal Ordinance, 1960. The learned Magistrate tried the case by following summary procedure. The applicant did not plead guilty. He was convicted and sentenced to pay a fine of Rs. 100. The revision application against the conviction and sentence was dismissed by the learned Additional Sessions Judge. The learned counsel for the applicant raised several grounds before me but I confined myself to a few of them which will dispose of this revision application. The first ground taken by him is that the learned Magistrate had not examined any evidence to prove that the applicant had made the additions and alterations but he simply based his conclusion on the statement of the prosecutor who was directed to inspect the site. I find considerable force in this contention. The order of the learned Magistrate consists of only two lines and it reads as under: "The prosecutor was directed to inspect the site. He has confirmed that alteration has been made by the accused." It is clear from this order that no other witness was examined. It is difficult to understand how a conviction can be based on the mere inspection of a site. * The second ground…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.