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---Safe custody of recovered empties from place of occurrence and T.T pistol and their safe transmission to the Forensic Science Laboratory not proved---Accused was charged for committing murder of the brother of the complainant by firing---Record showed that the prosecution had failed to establish safe custody of the recovered empties from the place of occurrence and the T.T pistol and their safe transmission to the Forensic Science Laboratory---It was not explained by the prosecution that the weapons and empties were retained by whom during the investigation period---If it was assumed that the case property was lying in the Malkhana of the police station, then no report/entry of the Malkhana nor any witness was produced to corroborate the version of the prosecution---Prosecution was under a legal obligation to prove the safe custody of the recovered weapon and its safe transmission to the Forensic Science Laboratory---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.

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