AMANULLAH vs State Ss — 2022 YLR 1681 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

AMANULLAH VS State Ss. 302(b), 324 & 34---Explosive Substances Act (VI of 1908), Ss. 4 & 5---Anti-Terrorism Act (XXVII of 1997), S.7---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, causing explosion likely to endanger life or property, attempt to cause explosion or making or keeping explosive with intent to endanger life or property, act of terrorism---Appreciation of evidence---Delay in dispatching the recovered weapon of offence and crime empties for analysis---Scope---Accused were charged for committing murder of two persons including brother-in-law of complainant by firing, causing injuries to a person and also throwing a ball cracker which could not explode---Record showed that the empties allegedly secured on 10.10.2014 and pistols having been shown recovered on 13.10.2014 and 14.11.2014 and till recovery of the pistols the empties were not sent to the Ballistic Expert---Weapon allegedly recovered from the possession of accused had been sent to Ballistic Expert for its matching with the crime empties and the same had been received in the office of Forensic Division after three days of its recovery---Weapon allegedly recovered from the possession of co-accused had been sent to Ballistic Expert for its matching with the crime empties and the same had been received in the office of Forensic Division after four days of its recovery---Delay in dispatch of the case property to the office of Forensic Division had not been explained---Neither the names of Police Officials, who had taken the case property to the office of Forensic Division, had been mentioned nor examined by the prosecution at trial in order to prove safe transit of the case property to the expert---In that background of the matter, two interpretations were possible, one that the alleged empties and pistol had not been tampered and the other that those were not in safe hand and had been tampered---Positive Forensic Science Laboratory Report qua the crime empties and weapons being delayed without furnishing any plausible explanation, would not advance the prosecution case---Even otherwise the prosecution had failed to substantiate the point of safe custody of case property and its safe transit to the expert through cogent and reliable evidence and the alleged recovery of crime weapons, on the face of it, seemed to be doubtful---Recoveries of fire-arms and empties are always considered to be corroborative piece of evidence---Such kind of evidence by itself is not sufficient to bring home the charges against the accused---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

AMANULLAH vs State Ss — 2022 YLR 1681 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2022 YLR