BILAWAL vs State Ss — 2023 PCrLJN 35 KARACHI-HIGH-COURT-SINDH

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BILAWAL VS State Ss. 23(1)(a) & 25--- Recovery of firearm---Appreciation of evidence---Benefit of doubt---Accused having been allegedly found in possession of unlicensed T.T. pistol of .30-bore along with empty magazine---Record showed that it was an offshoot case of the main sessions case registered under Ss. 324, 353, 412 & 34, P.P.C., alleging against the accused and co-accused along with two other culprits of ineffective firing---Despite extensive firing between the police party comprising of five personnel including the complainant and accused numbering four, which lasted for ten minutes, nobody from the either side had admittedly sustained even scratch---Accused and his co-accused in appeal, arising out of the main sessions cases, had been acquitted of the charge by the court just before taking up the present matter---No independent person was associated with the alleged recovery proceedings despite the fact that the police party went on a tip to the pointed place and from the place of information to the pointed place, all were thickly populated areas---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.

BILAWAL vs State Ss — 2023 PCrLJN 35 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported