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Muhammad Hashim Pathan vs State S — 2024 PCrLJ 1871 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PCrLJ 1871 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PCRLJ
Parties
Muhammad Hashim Pathan vs State S
Subject matter
Criminal
Provisions referred to
S. 23; S. 342

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 Hashim Pathan VS State S. 23(i)(a)---Possessing illicit weapon---Appreciation of evidence---Prosecution case was that an unlicensed pistol 30-bore with four live bullets and foreign currency was recovered from the possession of accused---Accused contended that the specific plea regarding his arrest by the Rangers taken by him at the time of recording his S.342, Cr.P.C statements was not noted down by the Presiding Officer nor was kept in juxtaposition with the material brought on record---Such plea appeared to be correct and got support from the record, as in paragraph No.15 of the impugned judgment such fact was mentioned, however, it was not incorporated in the S.342, Cr.P.C statement of accused---Admitted position on record was that the foreign currency allegedly recovered from the accused was not sealed at the spot nor its description viz., denomination numbers were noted down by the Recovery Officer at the relevant time---Moreover, the alleged incident was shown to have taken place in broad daylight and that too near a hotel, where availability of people from general public could not be denied, yet the complainant did not associate or cite any independent person to witness and/or attest the alleged recovery proceedings---Hence, such glaring features on the part of prosecution had dented its own case, which created lot of doubts---Appeal against conviction was accordingly allowed.

Other judgments reported in 2024 PCRLJ

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