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

Case information

Citation
2022 PCrLJN 10 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
NAKEEF NINDWANI vs State S
Subject matter
Criminal
Provisions referred to
S. 23; Penal Code (XLV of 1860)

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

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---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---Evidence of prosecution witnesses showed that the Trial Court had committed illegality while keeping the evidence of prosecution witnesses recorded in the main case by way of copy and paste in the present case---High Court observed that copying from the evidence of main case and pasting same in the evidence of offshoot case was illegal, unlawful and the same was to be stopped---Considering the evidence recorded by the Trial Court and the fact that the arrest of the accused and the entire encounter was managed one hence the recovery of pistol from the place of vardat near to the accused was doubtful---Appeal against conviction was allowed, in circumstances.

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