SAFEER alias ALI DINO vs State S — 2022 YLR 2034 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 2034 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: SAFEER alias ALI DINO vs State S
Subject matter: Criminal
Provisions referred to: S. 23

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

SAFEER alias ALI DINO VS State S.23(1)a---Possessing illicit weapon---appreciation of evidence---Benefit of doubt---Prosecution case was that pistols with magazine containing bullets were recovered from the possession of accused---Record reflected that the accused had been acquitted in the main case under Ss.302, 452 & 34, P.P.C. by Trial Court, mainly on the ground that eye-witnesses did not support the prosecution case---Evidence of mashir was recorded before the Trial Court in the main case, in which he had categorically stated that neither accused were arrested in his presence nor pistols were recovered from their possession---Trial Court had failed to record evidence in both the cases separately---Evidence of the prosecution witnesses was recorded in one case and same was copied/ditto typed in another case---Requirement of the law was that evidence in every case was to be recorded separately---Procedure adopted by the Trial Court was absolutely illegal and unwarranted by law---according to the case of prosecution, both pistols were used by the accused in the commission of the murder---Despite that, it was very strange that prosecution failed to produce the evidence with regard to the safe custody of the weapons at the police station and safe transmission to the Ballistic Expert---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---appeal against conviction was allowed, in circumstances.

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