MUHAMMAD ISMAIL DAHRI vs State Ss — 2022 YLRN 91 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ISMAIL DAHRI VS State Ss. 4 & 5---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), Ss. 23(1)(a) & 34---Keeping explosive with intent to endanger life or property, making or possessing explosives under suspicious circumstances, act of terrorism, possessing illicit weapon---appreciation of evidence---Delay of about seven days in sending the weapon for analysis---Scope---Prosecution case was that five Kalashnikovs with magazines, one pistol with magazine, six air craft gun shells were recovered from accused---Record showed that alleged weapons recovered from the possession of accused were received by the Forensic Laboratory after the delay of about seven days for which no explanation had been furnished by the prosecution---Recovered arms and ammunitions were retained by whom during that intervening period had also not been explained by the prosecution that after its recovery under whose custody the same were lying---If it was assumed that the case property was lying in Malkhana then no report/entry of Malkhana had been produced to corroborate the version of prosecution---No official from Forensic Laboratory had been examined in that case---Even Police Constable through whom the case property was sent to the Forensic Science Laboratory had not been examined before the Trial Court---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of reasonable doubt---appeal against conviction was allowed, in circumstances.

MUHAMMAD ISMAIL DAHRI vs State Ss — 2022 YLRN 91 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported