REHMATULLAH vs State S — 2021 YLR 2366 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 YLR 2366 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: YLR
Parties: REHMATULLAH vs State S
Subject matter: Civil
Provisions referred to: S. 394---V

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

REHMATULLAH VS State S. 394---Voluntarily causing hurt in committing robbery--- Appreciation of evidence---Benefit of doubt---Recovery of weapon of offence from the possession of accused--- Reliance--- Scope---Accused was charged for taking away the motorbike of the complainant forcibly after tiding his hands and feet with rope and due to resistance of the complainant, his right hand was injured, however accused was apprehended---Record showed that knife as crime weapon was recovered from the possession of accused---Recovery witness of the alleged occurrence stated that when he reached the place of occurrence and knife was recovered from the accused---Said witness, during cross-examination, stated that when they reached the place of occurrence, many people had gathered at the spot, who had apprehended the accused---Said fact did not appeal to a prudent mind that accused who had been apprehended by the people would keep the knife with himself till the time when the levies officials reached, i.e. after ten minutes---Said aspect of the matter created reasonable doubt in the prosecution case---Even otherwise, the prosecution did not produce any corroborative evidence in support of the statement of recovery witness and none of the other witnesses stated a single word to the effect that the knife was recovered from the accused---Recovery witness stated during cross-examination that the knife, which was produced before the court was not stained with blood---Investigating Officer also did not send the knife to the Forensic Science Laboratory, therefore, that piece of evidence provided no help to the prosecution's case.

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