State vs MUHAMMAD ASHFAQ S — 2021 PCrLJ 186 QUETTA-HIGH-COURT-BALOCHISTAN

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State VS MUHAMMAD ASHFAQ S. 13(d)--- Possessing unlicensed weapon---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Accused was charged that a T.T. pistol with magazine and two live rounds were recovered on his pointation while in custody in connected FIR registered under Ss. 302 & 34, P.P.C., for which he failed to produce any valid license---Record transpired that the alleged murder of the deceased took place on 03.07.2016 and the pistol was recovered along with empty after the delay of twenty five days from a drain with running water on the pointation of accused---Said drain was a running water drain, in such state of affairs how was it possible that the empty which was otherwise weighing very little remained in a drain of running water and was recovered after twenty five days of the occurrence---Said fact did not appeal to a prudent mind that the accused after alleged commission of offence would throw the crime weapon in the drain, which would remain in the drain, which was admittedly a running water drain---Place of recovery was a populated area wherefrom private witnesses could have been picked up and associated with the prosecution's case but was not done---Said fact had also been admitted by the complainant and the Investigation Officer of the case that they did not make any attempt to record statements of any private witnesses at the time of alleged recovery---Said recovery was not effected from exclusive possession of the accused and the place of recovery was also not in custody of the accused---Even otherwise the accused was acquitted from the charge in the main case under Ss. 302 & 34, P.P.C. and the present case was an offshoot of the main case wherein the evidence produced by the prosecution had been disbelieved and benefit of doubt had been extended to the accused, therefore the accused was also entitled to benefit of doubt in the present case--- Appeal against acquittal was dismissed, in circumstances.

State vs MUHAMMAD ASHFAQ S — 2021 PCrLJ 186 QUETTA-HIGH-COURT-BALOCHISTAN

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