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NAZIR alias LOTI vs State Ss — 2022 PCrLJN 122 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 122 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
NAZIR alias LOTI vs State Ss
Subject matter
Criminal

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

NAZIR alias LOTI VS State Ss. 324, 353, 148 & 149---anti-Terrorism act (XXVII of 1997), Ss. 6 & 7---Sindh arms act (V of 2013), Ss. 23(1)(a) & 24---attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his public duty, rioting armed with deadly weapon, unlawful assembly, act of terrorism, possessing unlicensed weapon, act of terrorism---appreciation of evidence---Benefit of doubt---Recovery of weapon of offence---Delay in dispatch of recovered weapon---Effect---Prosecution case was that on seeing police, accused persons made straight fires upon police party in order to commit their qatl-i-amd---Police party retaliated in their self-defence---accused was arrested in injured condition with his Kalashnikov---In the present case, the alleged recovery was made on 29.01.2014 but the recovered property was received in the office of the In-charge Forensic Science Laboratory on 31.05.2016 after the period of more than two years---Nothing on record to show that during that intervening period before whom the case property was lying---If the case property was lying in the Malkhana of the police station, no entry of Malkhana of police station had been produced, therefore, on that ground, false implication of the accused in the present case could not be ruled out---In the present case, neither the person through whom the alleged recovered property was delivered to the office of Forensic Science Laboratory nor anyone from office of the Forensic Science Laboratory had been examined---Circumstances established that recovery of weapon was inconsequential and prosecution had failed to prove its case against the accused beyond any shadow of reasonable doubt---appeal was allowed and accused was acquitted by setting aside conviction and sentences recorded by the Trial Court.

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