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MUHAMMAD BILAL vs State S — 2021 SCMR 1039 SUPREME-COURT

Case information

Citation
2021 SCMR 1039 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
MUHAMMAD BILAL vs State S
Subject matter
Criminal
Provisions referred to
S. 302; S. 164---Q; Criminal Procedure Code (V of 1898)

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

MUHAMMAD BILAL VS State S. 302(b)---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd---Reappraisal of evidence---Recovery of weapon from accused doubtful---Weapon and empties sent together for forensics---Record of the case reflected that the pistol was allegedly recovered from the immediate possession of the accused at the time of his arrest on 2nd August but there was nothing on the record to show that in whose custody it remained from the time of its alleged recovery on 2nd August till 4th August---Police official who was the witness to the memo deposed that the alleged pistol was not recovered from the possession of the accused in his presence and similarly the accused was also not present at the time of its presentation by the Muharrir to the Investigation Officer---Besides the empty and the pistol were sent together to Forensic Science Laboratory---In such circumstances, positive forensic report becames highly doubtful and could in no way be considered as a piece of corroborative evidence worth reliance--- Prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal was allowed; conviction and sentence of the accused awarded by the Courts below were set aside and he was acquitted of the charges levelled against him.

Other judgments reported in 2021 SCMR

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