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MEHTAB alias KALA vs State Ss — 2022 PCrLJN 73 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 73 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
MEHTAB alias KALA vs State Ss
Subject matter
Criminal
Provisions referred to
S. 23; S. 7---Q; S. 161

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

MEHTAB alias KALA VS State Ss. 324, 353 & 34---Sindh arms act (V of 2013), S. 23(1)(a)---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, assault or criminal force to deter public servant from discharge of his public duty, common intention, possession of unlicensed weapon, act of terrorism---appreciation of evidence---Benefit of doubt---Recovery of pistols from the possession of accused---Reliance---Scope---Prosecution case was that when the culprits were signalled to stop, they made firing upon the police party and in retaliation one of them got injured and were arrested---Record reflected that two .30 bore pistols, empties and live cartridges etc. were recovered from the possession of the accused at the time of incident i.e. 01.01.2019, which were received by the Ballistic Expert for examination on 02.01.2019, who had opined that pistols were in working condition and two .30 bore crime empties were fired from each pistol---Report of Ballistics Expert showed that two .30 bore pistols allegedly had been recovered from the accused but their description had never been given in the entire evidence and in their statements under S. 161, Cr.P.C. that the pistols were rubbed number, which created serious doubt in the prosecution case---No evidence of modern devices to that extent had been produced by the prosecution before the Trial Court---Mashirnama of recovery did not disclose the number of recovered pistols but the report of Forensic Science Laboratory disclosed rubbed number of pistols---Such contradiction/infirmity had also created serious doubt in the prosecution case---No explanation of not sending the official SMG for forensic examination to identify whether the bullet hit the injured accused was fired from the official weapon or not---Circumstances established that the prosecution had failed to prove its case against the accused---appeal against conviction was allowed, in circumstances.

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