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RAHEEL BULEDI vs State S — 2022 YLRN 61 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 61 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
RAHEEL BULEDI vs State S
Subject matter
Criminal
Provisions referred to
S. 13; S. 342

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

RAHEEL BULEDI VS State S. 13(d)---Recovery of firearm---Appreciation of evidence---Benefit of doubt---Prosecution case was that an unlicensed Kalashnikov of mini size with magazine, containing three live bullets of 7.62 bore, was recovered from accused---Record showed that no independent person was cited as witness or mashir despite the fact that the police party on patrolling allegedly received spy information---From the place of information to the place of arrest of accused and recovery, the entire area was a thickly populated area and no sincere effort was shown to have been made by the police to associate any independent person from the locality to the alleged recovery proceedings---Case property was produced in court at the time of examination of both the witnesses, but whether that property was in sealed condition or otherwise and as to what was the property, particulars whereof were not mentioned in the depositions---Forensic Science Expert Report had been produced but the same was not confronted to the accused in his statement under S.342, Cr.P.C., which could not be used against the accused---Said material and glaring contradictions, infirmities, dishonest and deliberate improvements and admissions adverse to the prosecution, rendered the prosecution case doubtful---Many other material discrepancies in the prosecution case were available, but the same were not at all attended to by the Trial Court while passing the impugned judgment convicting and sentencing the accused---Circumstances established that the impugned judgment suffered from misreading and non-reading of the evidence, which was not sustainable---Prosecution had failed to prove its case against the accused beyond a reasonable doubt---Appeal against conviction was allowed, in circumstances.

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