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FAROOQ vs State Ss — 2022 PCrLJN 49 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 49 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
FAROOQ vs State Ss
Subject matter
Criminal
Provisions referred to
Arms Act

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

FAROOQ VS State Ss. 392, 397 & 34---Robbery, robbery or dacoity with attempt to cause death or grievous hurt, common intention---Appreciation of evidence---Contradictions in the statements of witnesses---Scope---Accused were charged for looting the valuable articles from complainant and his brother-in-law on pistol point---First Information Report showed that complainant disclosed the time of alleged incident as 8.45 p.m. (night) whereas in his examination-in-chief he stated that incident took place at about 08.30 a.m. (morning)---Yet in his cross-examination he deposed that incident was of 7.30 p.m.---Complainant stated in the FIR, that the apprehended accused disclosed the name of absconding accused persons, whereas in his deposition he stated that the apprehended accused disclosed different name of the absconded accused---Complainant further stated that the name of other accomplice he did not remember---Joint memo of arrest and recovery was prepared in both the cases i.e. the present case as well as in another case under the Arms Act---No Forensic Science Laboratory Report had been produced in order to ascertain the status and condition of the alleged offensive weapon---Recovery witness admitted in his cross-examination that the pistol was handed over to him by the complainant---Said fact showed that the offensive weapon was not recovered from the possession of the accused, rather the same was possessed by the complainant when recovery witness reached at the spot and it was complainant who handed over the same to said Police Official---Said Police Official also admitted that pistol produced in court did not bear number of its make, company or country---All those factors created doubts in the prosecution case---Circumstances established that the prosecution had not succeeded in discharging obligation on its part---Appeal against conviction was allowed, in circumstances.

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