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Khuda Bakhsh Alias Baboo vs State S — 2024 YLR 2839 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 YLR 2839 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
YLR
Parties
Khuda Bakhsh Alias Baboo vs State S
Subject matter
Criminal
Provisions referred to
S. 13---P; S. 13

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

Khuda Bakhsh Alias Baboo VS State S. 13---Possessing illicit weapon---Appreciation of evidence---Benefit of doubt---Pistol 9-mm was recovered on the disclosure of accused during investigation of a murder case---Complainant alleged that pistol 9-mm along with empty magazine was recovered on the disclosure of the accused and was secured in the presence of two witnesses---However, neither the prosecution produced the said witnesses in the case nor had exhibited the recovered pistol during the trial, which the prosecution was under obligation to produce---Thus, mere presentation of the copy of the recovery memo. prepared in the connected murder case would not be sufficient to hold the accused guilty of the indictment for contravention of S.13 (e) of the Ordinance of 1965---Witnesses of the pistol should have also come with evidence, that on demand of the license, the accused failed to produce any valid license, thus the indictment failed---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2024 YLR

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