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

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

BILAWAL VS State Ss. 23(1)(a) & 25--- Recovery of firearm---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Scope---Accused having been allegedly found in possession of unlicensed T.T. pistol of .30-bore along with empty magazine---Complainant in his cross-examination had stated that police mobile was parked at eastern side of place of vardat, whereas mashir/Police Constable in his cross-examination had stated that they parked police mobile on the western side of the road---Complainant had stated that he did not remember the names of Police Officers, who were deployed at the eastern or western side of the road---Complainant had stated that he apprehended the accused while Police Constable apprehended co-accused, whereas mashir/Police Constable had stated that he apprehended accused while the complainant apprehended co-accused---Complainant had stated that the encounter took place at the distance of 10/15 paces, whereas mashir had stated that the encounter took place at the distance of 40/50 paces---Case property was dispatched to Forensic Science Laboratory through Police Constable, who had not been examined by the prosecution---Forensic Science Laboratory Report contained a note that all weapons and crime empties were brought and signed by complainant and it did not show that the said case property was delivered by Police Constable in the office of Forensic Science Laboratory---Complainant did not say a word about taking the case property by him to Forensic Science Laboratory---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