PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

RIAZ AHMED alias KIRSH vs State Ss — 2022 YLRN 189 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 189 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
RIAZ AHMED alias KIRSH vs State Ss
Subject matter
Criminal
Provisions referred to
S. 103---U; Criminal Procedure Code (V of 1898)

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

RIAZ AHMED alias KIRSH VS State Ss. 23 & 34---Criminal Procedure Code (V of 1898), S. 103---Unlicensed possession of arms--- Arrest and searches--- Non-association of independent witnesses---Complainant acting as Investigating Officer---Delay in sending case property to Forensic Laboratory---Non-exhibition of entry of malkhana---Non-production of sample-bearer--- Scope--- Accused was alleged to have been found in possession of one double barrel gun with four live cartridges--- Prosecution, despite advanced information, had not bothered to associate any private person either from the place where it received information or from the place of incident to act as witnesses of arrest and recovery even though it was a thickly populated area and several people were available---Complainant and Investigating Officer of the case was the same person which created doubt in the prudent mind---Weapon was received by the Forensic Laboratory after a delay of about six days for which no explanation was furnished by the prosecution---No report/entry of malkhana was produced by the prosecution---Person through whom that property was sent to the Forensic Laboratory was not examined before the Trial Court---Prosecution had failed to prove its case against the accused beyond shadow of reasonable doubt---Appeal against conviction was allowed, in circumstances.

Back to the case-law library · Search Pakistani case law in Urdu or English