MEHRAB alias MEHRO vs State Ss — 2022 YLR 2460 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.

MEHRAB alias MEHRO VS State Ss. 23 & 34---Criminal Procedure Code (V of 1898), S. 103---Unlicensed possession of arms---Arrest and searches---Search to be made in presence of witnesses---Appreciation of evidence---Benefit of doubt---Safe custody---Delay in sending recovered weapon to Forensic Laboratory---Scope---Accused assailed his conviction under S. 23 of Sindh Arms Act, 2013---Accused was acquitted in the main case registered for offences under Ss. 302, 324, 114, 504 & 34, P.P.C.---Accused was arrested in the main case and on the same day he had voluntarily disclosed the availability of rifle in his house---Rifle was sent to the Forensic Laboratory after 10 days---Prosecution, at the trial, had failed to prove the safe custody and transmission of the weapon to the expert---No evidence was available that after arrest of the accused crime weapon was kept at Malkhana---Incharge of Malkhana was not examined---Prosecution had failed to describe the rifle allegedly recovered from the house of accused---Accused had claimed false implication in the case and had raised the plea that he was admitted in hospital---Independent corroboration was required but the prosecution had failed to examine any independent person of the locality to prove the recovery---No efforts were made to associate any private person to witness the recovery proceedings despite the availability of private persons at the place of recovery---Preparation of mashirnama was not a formality but its object was to prevent unfair dealing---Evidence of police officials could not be discarded simply because they belonged to police force, however, where the fate of accused person hinged upon testimony of police officials alone, it was necessary to find out if there was any possibility of securing independent persons at the relevant time---Evidence of the police officials without independent corroboration was unsafe for maintaining the conviction---Prosecution had failed to prove its case against the accused---Appeal was allowed and the accused was acquitted of the charge, in circumstances.

MEHRAB alias MEHRO vs State Ss — 2022 YLR 2460 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2022 YLR