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RUSTAM ALI SHAR vs State S — 2024 PCrLJ 68 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PCrLJ 68 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PCRLJ
Parties
RUSTAM ALI SHAR vs State S
Subject matter
Criminal
Provisions referred to
S. 302; S. 23

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

RUSTAM ALI SHAR VS State S. 302(b)---Sindh arms act (V of 2013), S. 23(1)(a)---Qatl-i-amd, possession of illicit arms---appreciation of evidence---Benefit of doubt---Recovery of weapon of offence and crime empties---Safe custody and safe transmission of the weapon not established---accused was charged for committing murder of his wife on the pretext of kari---Record reflected that the accused soon after the incident was arrested by aSI and mashirs and gun was recovered from his possession on 27.05.2014---One empty cartridge was collected from the place of incident and 03 live cartridges were also recovered from the possession of the accused, but case property was dispatched to the Ballistic Expert on 03.6.2014---Blood-stained earth was sent to the Chemical Examiner on 02.6.2014---From the re-examination of entire prosecution evidence, it was clear that aSI and mashirs no-where had deposed that after recovery of the crime weapons the same were deposited with the Incharge of the Malkhana---Entry of the Malkhana had not been produced---Incharge of the Malkhana had also not been examined---Case property was taken to the Ballistic Expert and to the Chemical Examiner---Police Officials, who had taken the same to the Expert, had also not been examined---Thus, it was clear that safe custody and safe transmission of the weapons were not established by prosecution at trial---When prosecution fails to produce the evidence before the Trial Court regarding safe custody and safe transmission of the weapons, then the same cannot be used against the accused for conviction---appeal against conviction was accordingly allowed.

Other judgments reported in 2024 PCRLJ

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