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FAHEEM alias BARA vs State S — 2022 MLD 1298 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 MLD 1298 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
MLD
Parties
FAHEEM alias BARA vs State S
Subject matter
Criminal
Provisions referred to
S. 23

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

FAHEEM alias BARA VS State S.23(1)a---Possession of illegal weapon---appreciation of evidence---Benefit of doubt---Prosecution case was that 30-bore pistols were recovered from the possession of accused and they failed to produce licence of recovered weapons---Record showed that recovery was effected in presence of Rangers Officials at thickly populated area, however, none from the Ranger personnel was associated as witness or attesting witness of the recovery proceedings---In other words, witnesses in whose presence alleged recovery was effected, were not produced during trial---Evidence of witnesses who had been examined before the Trial Court against accused was of no consequence, more particularly when their evidence had not been believed by the other trial Court against co-accused---Recovery of pistol appeared to be managed as no script/words of such pistol had been furnished by the prosecution in the memo. of recovery---Recovery of pistol from the present accused became doubtful as the pistol was alleged to have been recovered from the accused and such joint memo of recovery was made against accused---Joint memo of recovery had always been considered to be fatal to the prosecution case which fact had eclipsed evidentiary worth of the recoveries---appeal against conviction was allowed, in circumstances.

Other judgments reported in 2022 MLD

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