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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---Delay of seven days in sending the pistol and shell for analysis---Effect---Accused was charged for committing murder of the brother of the complainant by firing---Pistol recovered from the possession of an accused was found matched by the Forensic Science Laboratory with the empty shell, however, the same was inadmissible, as the empty shell and recovered pistol were sent together to Forensic Science Laboratory and that too with an unexplained delay---Sealed parcels were received at Forensic Science Laboratory after an unexplained delay of seven days from the date of recovery of pistol---Hence the recoveries did not connect the accused persons with the commission of the alleged offence---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

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