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IMRAN UMRANI vs State S — 2022 YLRN 76 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 76 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
IMRAN UMRANI vs State S
Subject matter
Criminal
Provisions referred to
S. 24---

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

IMRAN UMRANI VS State S. 24--- Possessing unlicensed weapon---Appreciation of evidence---Benefit of doubt---Prosecution case was that during interrogation of the accused in case registered under Ss. 302, 114, 148 & 149, P.P.C., an unlicensed pistol was recovered on the disclosure of the accused---Record showed that present case was an offshoot of the main case of murder---Alleged place of recovery was near a wall of the school located in a village, which being an open place was accessible to everyone and was not in exclusive possession of the accused---Accused was arrested in the main case and after six days of his remaining in custody, the alleged recovery of the pistol was shown to have been made---No expert opinion about the working condition of alleged weapon was available---Admittedly, the alleged weapon was not sent to the Ballistic Expert to ascertain its working condition and use thereof in the main case---Accused had been acquitted in the main case---Some case property was shown to be present in the court, but it was not de-sealed and as to what was the property, it was not mentioned in the depositions of witnesses---Mashir did not utter a single word about his going to the place of incident along with complainant and co-mashir and preparation of mashirnama of place of incident in their presence as alleged by the complainant---No sincere effort was shown to have been made by the complainant to associate any private person to the alleged proceedings---Driver of the private vehicle in which the police party went to the pointed place was not cited as witness or mashir and even material particulars viz. name of the driver of the private car and number etc. thereof were not mentioned anywhere in the mashirnama of arrest and recovery and/or in the FIR---Circumstances established that the 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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