Syed MUHAMMAD ASIF RAEES vs State Ss — 2024 PCrLJ 284 KARACHI-HIGH-COURT-SINDH

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Syed MUHAMMAD ASIF RAEES VS State Ss. 302(b), 109 & 34---Sindh arms act (V of 2013), S. 23(1)(a)---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, abetment, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---Recovery of weapon of offence from the possession of accused and crime empties from the spot---Inconsequential---accused was charged for committing murder of the father-in-law of the complainant by firing---Prosecution claimed that the pistol recovered from the accused at the time of his arrest in the arms case matched the empties found at the crime scene and thus linked the accused to the murder of the deceased---Case of accused was that the pistol was foisted on him---Considering the fact that the accused confessed to the murder case whilst he was being arrested in the arms case to be unbelievable also led to the conclusion that the pistol recovered from him was most likely foisted on him---Because one day after the pistol was allegedly recovered from accused it was sent to Forensic Science Laboratory along with the empties in the murder case which produced a positive Forensic Science Laboratory Report which linked the accused to the crime---Once it was found that the accused never made such a confession before the Rangers at the time of his arrest it became apparent that the police had no reason to send the murder case empties along with the allegedly recovered pistol in the arms case to the Forensic Science Laboratory as at that time there was no reason to link the recovered pistol to the empties---as such it could not be ruled out that the recovered pistol was foisted on the accused which was already matched for the recovered empties---Moreover, it did not appear that the accused took the police to the place of occurrence, but even if he did that was of no relevance as the police already knew where the place of occurrence was---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of reasonable doubt---appeal against conviction was allowed, in circumstances.

Syed MUHAMMAD ASIF RAEES vs State Ss — 2024 PCrLJ 284 KARACHI-HIGH-COURT-SINDH

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