MUHAMMAD RAMZAN vs State Ss — 2023 YLR 373 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 YLR 373 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: YLR
Parties: MUHAMMAD RAMZAN 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

MUHAMMAD RAMZAN VS State Ss. 394 & 34---Robbery, common intention---appreciation of evidence---Benefit of doubt---Recovery of weapon of offence---Reliance---Scope---accused was charged that he and co-accused made firing upon the complainant party, due to which uncle of complainant sustained injury and they took Rs. 10,00,000/ from the dash board of the vehicle of complainant---Record showed that a pistol was recovered from the possession of accused---Report of Forensic Science Laboratory in respect of alleged recovered pistol was positive---Said evidence could not benefit the prosecution on two counts---Firstly, the prosecution had not sent the fired bullet secured from the place of occurrence to Forensic Science Laboratory---Report of Forensic Science Laboratory revealed that .30-bore pistol was presently in working condition/order---Secondly the alleged pistol was received by Forensic Science Laboratory after twenty days, without explanation that in intervening period the weapon was in whose possession---Prosecution was under legal obligation to prove safe custody---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of reasonable doubt---appeal against conviction was allowed, in circumstances.

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