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NOZO vs State S — 2021 PCrLJ 1729 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 PCrLJ 1729 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Reporter
PCRLJ
Parties
NOZO vs State S
Subject matter
Criminal
Provisions referred to
S. 7---E; Explosive Substances Act (VI of 1908)

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

NOZO VS State S. 7---Explosive Substances Act (VI of 1908), Ss. 4 & 5---Keeping explosive with intent to endanger life or property, making or possessing explosives under suspicious circumstances, act of terrorism---Appreciation of evidence---Benefit of doubt---Delay of eight hours in lodging the FIR---Effect---Improvised explosive device and other explosive substances were recovered from the accused---Record showed that the alleged occurrence took place on 10.02.2020 at 2.00 a.m. and the FIR was lodged on the said date after a delay of eight hours without any explanation, despite the fact that the distance between the place of occurrence and the police station was only 30/36 kilometres---No explanation, whatsoever, had been tendered by the prosecution as to why the complainant waited for more than eight hours for lodging the FIR and nominating the accused person---Element of deliberation and consultation could not be ruled out of consideration---Circumstances established that the prosecution had failed to prove its case against the accused without any shadow of doubt---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2021 PCRLJ

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