MUJAHID vs State Ss — 2021 PCrLJ 1114 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 PCrLJ 1114 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: PCRLJ
Parties: MUJAHID vs State Ss
Subject matter: Criminal
Provisions referred to: S. 15---Q; Khyber Pakhtunkhwa Arms Act (XXIII of 2013)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUJAHID VS State Ss. 302(b) & 392---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, robbery, possessing unlicensed weapon---Appreciation of evidence---Benefit of doubt---Delay in sending the weapon of offence and crime empties for analysis---Scope---Accused was charged for committing murder of the son of complainant and his companion by firing after robbery---06 crime empties had been shown recovered from the spot on 09.12.2014, but were sent to the Forensic Science Laboratory on 23.12.2014 along with the .30 bore pistol shown recovered on the pointation of the accused on 17.12.2014---As to where the empties remained since 09.12.2014 till 23.12.2014 and whether those were in safe hands had not been explained by the prosecution in its evidence---No explanation had been furnished by the prosecution regarding safe custody of the pistol since 17.12.2014 till its sending to the Forensic Science Laboratory on 23.12.2014---Record showed that it was asserted in the evidence that a witness was running arms and ammunitions shop, therefore, the possibility remained that the pistol and empties might have been provided by said witness to the police and thereafter were sent together to Forensic Science Laboratory for analysis, report of which definitely be positive---Circumstances established that the prosecution had failed to prove its case beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

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