Syed Mansoor Ali Shah vs State S — 2024 MLD 915 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 MLD 915 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: MLD
Parties: Syed Mansoor Ali Shah vs State S
Subject matter: Criminal
Provisions referred to: S. 23; S. 302

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

Syed Mansoor Ali Shah VS State S.23(1)(a)---Possession of illicit weapon---Appreciation of evidence---Main case and offshoot case---Acquittal in main case---Effect---Prosecution case was that a pistol 30-bore was recovered on the pointation of accused---Record showed that the first mashir of alleged recovery in his evidence deposed that on the alleged date viz., 29.11.2017 police obtained his signatures on white unwritten papers---Said witness was declared hostile and even in cross-examination by the State Counsel he denied either accompanying the complainant on 29.11.2017 or production of alleged pistol by the accused and preparation of memo of recover---Recovery witness denied that second mashir had also accompanied him and the police along with accused to the place of alleged recovery---In such circumstances, the report of Ballistics Expert, even though in positive, could not be believed; rather, the very recovery of offensive weapon became highly doubtful---Instant case was offshoot of main crime registered under S.302, P.P.C, wherein the accused had been acquitted by disbelieving the evidence; the same prosecution witnesses being Recovery Officer and the mashir; hence, propriety of law demanded, accused should be acquitted from the charge of instant case---When an accused had been acquitted in the main case, he would be entitled to acquittal in a case which was offshoot of the main case---Appeal was allowed, in circumstances.

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