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

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 pistol, DSLR camera and motorcycle from the house of accused---Reliance---Accused was charged for committing murder of the brother of the complainant by firing---Recovery of pistol, DSLR camera and motorcycle from the house of accused was not sufficient to prove the guilt---As the recovered pistol was not matched with the secured empty shell by the Forensic Science Laboratory which meant that the same was not used in the commission of offence---So far as the DSLR camera was concerned, the identification of the same was not conducted and was not recognized by the witness from whom it was allegedly snatched by the accused persons---Recovery of motorcycle was not a case property as it was allegedly disclosed by the accused that the same was used on the day of incident for commission of offence---Such statement was a confession before police which was not admissible under Arts. 38 & 39 of Qanun-e-Shahadat, 1984---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.

Other judgments reported in 2023 YLR

2023 YLRN 40 KARACHI-HIGH-COURT-SINDHMUHAMMAD TOUQEER VS State Benefit of doubt---Principle---any slightest iota of doubt if created in prosecution case, would be counted in fav…
2023 YLR 1377 PESHAWAR-HIGH-COURTNAVEED VS State Ss. 21 & 24---Criminal Procedure Code (V of 1898), S. 561-A---Modesty of a natural person and cyber stalking---Appreciation…
2023 YLR 1344 QUETTA-HIGH-COURT-BALOCHISTANGOVERNMENT OF BALOCHISTAN VS ALLAH DAD S. 23---Matters to be considered in determining compensation---"Market value"---Scope---Section 23 of…
2023 YLR 1344 QUETTA-HIGH-COURT-BALOCHISTANGOVERNMENT OF BALOCHISTAN VS ALLAH DAD S. 23---Matters to be considered in determining compensation---Scope---For determination of compensat…
2023 YLR 882 QUETTA-HIGH-COURT-BALOCHISTANThe CHAIRMAN, NAB VS AHMED Double presumption of innocence---Scope--- Double presumption of innocence is attached to the order of acquittal…
2023 YLR 737 QUETTA-HIGH-COURT-BALOCHISTANGHULAM HUSSAIN VS State S. 9---Possession of narcotics---Safe custody---Scope---If safe custody of narcotics and its transmission through sa…

Back to the case-law library · Search Pakistani case law in Urdu or English