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REHMATULLAH vs State Ss — 2024 SCMR 1782 SUPREME-COURT

Case information

Citation
2024 SCMR 1782 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
SCMR
Parties
REHMATULLAH vs State Ss
Subject matter
Criminal

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

REHMATULLAH VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Reappraisal of evidence---Recovery of mobile phone and motorcycle belonging to deceased from the accused---Inconsequential---Insofar as the alleged recovery of mobile phone of the deceased from the possession of "MY", appellant was concerned, no proof of the ownership of said mobile phone in the name of deceased had been brought on record---SIM numbers of mobile phone of the deceased were mentioned in the FIR---Said SIMs of the deceased were not recovered from the possession of the appellants---Police official who was recovery witness of mobile phone of the deceased from the possession of "MY" appellant had candidly conceded during cross-examination that no SIM was present in the recovered mobile phone---No documentary proof was produced in the prosecution evidence to show that the motorcycle allegedly recovered from the possession of "MY" appellant, was owned by the deceased or the same was in the name of his any family member---Even the complainant who was brother of the deceased did not appear in the witness box to identify that the motorcycle allegedly recovered from the possession of "MY" appellant was the same motorcycle, which belonged todeceased---Alleged recoveries of motorcycle and mobile phone of the deceased from the possession of "MY" appellant were not helpful for the prosecution case---Prosecution had failed to prove its case against the appellants beyond the shadow of doubt---Appeals were allowed, and the appellants were acquitted of the charges.

Other judgments reported in 2024 SCMR

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