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Citation Name: 2024 PCrLJ 105 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case BABAR ALI vs MUHAMMAD IQBAL Ss — 2024 PCrLJ 105 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 PCrLJ 105 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
PCRLJ
Parties
Citation Name: 2024 PCrLJ 105 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case BABAR ALI vs MUHAMMAD IQBAL Ss
Subject matter
Criminal
Provisions referred to
S. 417; Criminal Procedure Code (V of 1898)

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

Citation Name: 2024 PCrLJ 105 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case BABAR ALI VS MUHAMMAD IQBAL Ss. 324, 427 & 34---Criminal Procedure Code (V of 1898), S. 417(2-A)---Attempt to commit qatl-i-amd, mischief causing damage to the amount of fifty rupees, common intention---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Delay of 18 days in sending the weapon of offence and crime empties for analysis---Effect---Accused were charged for firing upon complainant party, due to which brother and cousin of the complainant got injured---Record showed that the Investigating Officer of the case had secured the crime empties on 14th October, 2022 from the scene of incident, whereas on 3rd November, 2022, the recovery of crime weapon was allegedly effected at the instance of accused from his home---Perusal of the report of Forensic Science Laboratory stated that on 21st November, 2022, parcels of weapon and crime empties were received at the laboratory---Prosecution had failed to explain the belated sending of such piece of evidence to Forensic Science Laboratory---Investigating Officer of the case sent the crime empty shells, secured from the scene of occurrence and allegedly recovered pistol together, to Forensic Science Laboratory---Investigating Officer should have dispatched the parcels of crime empty shells, at once, to the Forensic Science Laboratory and later, on recovery of crime weapon, the same should have been sent to the Forensic Science Laboratory---Sending the crime empties along with the crime weapon was not a safe course to be relied upon, therefore, the accused could not have been connected with the commission of alleged offence---Circumstances established that the prosecution failed to prove its case against the accused beyond reasonable shadow of doubt---Appeal against acquittal was accordingly dismissed.

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