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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---Rule of consistency---Scope---Prosecution case was that 30-bore pistols were recovered from the possession of accused and they failed to produce licence of the same---Cases of the accused persons were entrusted to two different courts---Record showed that memo of recovery and arrest in respect of present accused as well as co-accused was handed down by same set of witnesses, who had deposed in the same line and manner before two courts---Trial Court, who tried the case of co-accused, disbelieved the evidence of prosecution witnesses against co-accused (since acquitted) on the basis of same set of evidence while the court trying the case against present accused had convicted the accused on the basis of same set of evidence furnished by the same witnesses, which was in clear violation of rule of consistency---Rule of consistency demanded that if the evidence had been disbelieved in respect of co-accused, the same could not be relied upon for convicting other accused---Present accused in circumstances should a have also been extended same benefit as given to the acquitted accused, which was not done by the Trial Court---appeal against conviction was allowed, in circumstances.

Other judgments reported in 2022 MLD

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