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ZAFAR ALI ABBASI vs ZAFAR ALI ABBASI S — 2024 SCMR 1773 SUPREME-COURT

Case information

Citation
2024 SCMR 1773 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
SCMR
Parties
ZAFAR ALI ABBASI vs ZAFAR ALI ABBASI 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

ZAFAR ALI ABBASI VS ZAFAR ALI ABBASI S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Recovery of crime weapon on disclosure of accused---Inconsequential---According to the prosecution, a dagger used in the commission of the offence was recovered on the disclosure and pointation of the appellant---Surprisingly, the Investigating Officer (IO) did not record the information received from the appellant in writing, in presence of a witness, while he was in police custody---Prosecution had failed to establish any disclosure from the appellant, therefore, recovery of the dagger, in the circumstances was immaterial---Even otherwise, the IO stated that the recovery of the dagger was effected on the pointation of the appellant, in presence of an eye-witness, who was also a nephew of the deceased---According to the said witness, the dagger was wrapped in a black colour shopper, but when it was presented before the Trial Court, it was unsealed and was wrapped in a white colour plastic---None of the recovery witness put any identification mark upon it in order to exclude any possibility of foisting false recovery or substituting the recovered one---Manner in which the dagger was taken into possession and produced in the Court, created doubt regarding its recovery, therefore, the High Court had rightly disbelieved it---Prosecution had failed to establish its case against the appellant beyond a reasonable doubt---Appeal was allowed, and appellant was acquitted of the charges.

Other judgments reported in 2024 SCMR

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