MISAL KHAN vs AMJAD KHAN Ss — 2021 YLR 2153 PESHAWAR-HIGH-COURT

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MISAL KHAN VS AMJAD KHAN Ss. 324, 334 & 34--attempt to commit qatl-i-amd, itlaf-i-udw, common intention---appreciation of evidence---Benefit of doubt---Recovery of weapon and crime empties---Delay in sending the weapon and crime empties for analysis---Scope---Prosecution case was that the accused made firing upon the complainant, as a result of which, he was hit and fell down---accused was arrested from his house on the day of occurrence and a Kalashnikov was recovered from his possession which was dispatched to the Forensic Science Laboratory along with the recovered empties for opinion---Forensic Science Laboratory examined the weapon and empties and opined that 4 out of 25 empties wedded with the weapon, but the prosecution could not reap its benefits simply that it had got a positive report in its favour rather the court was to see that when, where and how the empties and the weapon was recovered----accused was arrested on 12.10.2017 and the Kalashnikov was recovered from his possession, but surprisingly the empties and weapon were received by the Forensic Science Laboratory after one month of its recovery---Prosecution was not absolved of the liability rather its liability to dislodge the impression began to prove that the weapon and empties were lying in safe custody and were dispatched to the Forensic Science Laboratory after observing all the legal formalities---Record was silent as to where the incriminating articles were lying in the intervening period and no witness was produced in that respect---Moharrar of the Police Station was not produced and so was the Police Official who took the empties and weapon to the Laboratory, so much so no extract from Register No. 19 was collected and placed on record--No independent witness had been associated with the process of raid and recovery---Recovery was effected in utter disregard of S.103, Cr.P.C.---Evidentiary value of the Forensic Science Laboratory Report had lost its efficacy and it could not be taken into consideration and as such could not be relied upon to convict the accused---appeal was allowed and accused were acquitted by setting aside conviction and sentences recorded by the Trial Court.

MISAL KHAN vs AMJAD KHAN Ss — 2021 YLR 2153 PESHAWAR-HIGH-COURT

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