MUHIBULLAH vs State Ss — 2023 YLR 1094 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 YLR 1094 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: YLR
Parties: MUHIBULLAH vs State Ss
Subject matter: Criminal
Provisions referred to: S. 342

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

MUHIBULLAH VS State Ss. 302(b) & 397---Qatl-i-amd, robbery--- Appreciation of evidence---Benefit of doubt---Recovery of mobile phone from the possession of accused---Reliance---Accused was charged for committing murder of the brother of the complainant by firing---Recovery of a cell phone from the personal search of the accused allegedly belonging to the deceased, was not worth considering, as the alleged recovered cell phone was a common mobile---Prosecution had not conducted identification of the recovered mobile from the complainant/brother of deceased, uncle of deceased and the eye- witnesses---Prosecution had not brought on record the IEMI number of the recovered mobile---Recovered cell phone was not identified by the witnesses---Alleged recovery was not put to the accused in his examination under S. 342, Cr.P.C., by the Trial Court, which was violation of said provision of law---Circumstances established that the prosecution had failed to prove the case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances and accused persons were acquitted.

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