NAKEEF NINDWANI vs State S — 2022 PCrLJN 10 KARACHI-HIGH-COURT-SINDH

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NAKEEF NINDWANI VS State S. 23(i)(a)---Penal Code (XLV of 1860), Ss. 324, 353, 402 & 34---Possession of illegal weapon, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, assembling for the purpose of committing dacoity, common intention---Appreciation of evidence---Benefit of doubt---Delay in sending the weapon for analysis---Accused was apprehended in injured condition in a case registered under Ss. 324, 353, 402 & 34, P.P.C. along with one TT pistol with erased number with five live bullets of 30-bore---Accused could not produce any valid license for possessing the weapon and live bullets---In the present case, the recovery of pistol and the empties from the place of vardat were effected on 25-09-2020 and same were sent for Forensic Science Laboratory on 29-09-2020---No explanation in respect of such delay for about five (05) days was offered by the prosecution---Non-explanation of such delay in the circumstance of the case coupled with the fact that none of the Police Officials received any injury during the encounter was fatal to the case of prosecution---Positive Forensic Science Laboratory Report, in circumstance, could not be relied upon for convicting the accused---Safe custody of the recovered pistol and the empties for five (05) days was not proved by the prosecution by producing any evidence in that respect---Circumstances established that the prosecution had failed to prove its case beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

NAKEEF NINDWANI vs State S — 2022 PCrLJN 10 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported