PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

Citation Name: 2024 PCrLJ 42 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD RAHIM vs State S — 2024 PCrLJ 42 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 PCrLJ 42 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
PCRLJ
Parties
Citation Name: 2024 PCrLJ 42 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD RAHIM vs State S
Subject matter
Criminal
Provisions referred to
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

Citation Name: 2024 PCrLJ 42 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD RAHIM VS State S. 302(b)--- Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Delay in sending weapon of offence and crime empties for analysis---Accused was charged for committing murder of the brother of the complainant by firing---Alleged occurrence took place on 10.12.2020 and on the same date, seven crime empties of T.T pistol were also taken into possession by the Investigation Officer through recovery memo in the presence of witnesses, whereas the crime weapon, i.e. T.T pistol was recovered allegedly on the pointation of the accused on 19.12.2020---Prosecution produced a positive report of the Firearms Expert, according to which the Firearms Expert received parcel of crime empties of a .30 bore pistol and parcel of the crime weapon i.e. T.T pistol .03 bore on 11.01.2020 with a delay of twenty-two days after recovery of crime weapon and after a delay of thirty-two days of recovery of crime empties from the place of occurrence---Crime empties recovered from the place of occurrence and the crime weapon recovered on the alleged pointation of the accused were sent together to the Firearms Expert in violation of law as the recovered empties should not be retained by the police for a wait of recovery of crime weapon---Empties and alleged crime weapon were sent together to the Forensic Science Laboratory for ballistic analysis, which diminished its evidentiary value because it gave rise to manipulation---Thus, the Firearms Expert report in that regard was inconsequential to the prosecution case---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was accordingly allowed.

Other judgments reported in 2024 PCRLJ

Back to the case-law library · Search Pakistani case law in Urdu or English