MUHAMMAD SHAHZAD vs State Ss — 2023 MLD 1490 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD SHAHZAD VS State Ss. 302, 380 & 411---Qatl-i-amd, theft in dwelling house, dishonestly receiving stolen property---Appreciation of evidence---Benefit of doubt---Recovery of stolen articles on the disclosure of accused---Reliance---Accused was charged for committing murder of the mother of complainant after stealing away golden ear-rings and mobile phones---Prosecution relied on the disclosure statement of the accused leading to the recovery of stolen articles, i.e., ear-rings, mobile phone and a SIM---Admissibility of disclosure statement in terms of Art. 40 of the Qanun-e-Shahadat, 1984, made to a Police Officer leading to the discovery of a fact depended on how the prosecution proved it---Soon after the recovery the ear-rings and mobile phone, were not identified by the complainant in the police station in the presence of witnesses nor same were identified by him in Court---Recovery was made after five months, five days, and that too from an open shop, and the bag from which recovery was effected was lying open by the side of a wall of the shop---Recovery had not been made from any closed or concealed place but from an open area that was accessible to all and everyone, including those working and visiting the shop, which did not even belong to the accused, thus it was insufficient to bring the guilt home to the accused or to prove that he had the stolen goods---Prosecution had failed to prove recovery of stolen properties belonging to the deceased, at the instance and from the accused---Circumstances established that the prosecution had failed to bring at home charge against the accused beyond any reasonable doubt---Appeal against conviction was allowed, in circumstances.

MUHAMMAD SHAHZAD vs State Ss — 2023 MLD 1490 LAHORE-HIGH-COURT-LAHORE

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