Shahid Mahmood alias Demo vs State Ss — 2025 MLD 1685 LAHORE-HIGH-COURT-LAHORE

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Shahid Mahmood alias Demo VS State Ss. 302 & 396---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, robbery, act of terrorism---appreciation of evidence---Benefit of doubt---Recovery of weapon of offence and crime empties---Reliance---Scope---accused were charged for committing murder of son of complainant and a passerby by firing during robbery and also causing firearm injuries to security guard---Record showed that a Kalashnikov along with three live bullets, allegedly effected from a "ghairabaddhari" (abandoned house) and taken into possession---To prove the said recovery, the prosecution produced the attesting witnesses---However, the said recovery was totally inconsequential in proving the guilt of the appellant for multiple reasons---Firstly, no crime empty was sent to the Forensic Science agency for matching with the recovered Kalashnikov---absence of such forensic linkage rendered the recovery a disjointed event, unconnected with the actual offence in question---Mere recovery of a weapon could not by itself be treated as incriminating unless it was corroborated through forensic comparison with crime empties---Secondly, the prosecution failed to prove that the abandoned house from which the Kalashnikov was allegedly recovered was in the exclusive possession of the appellant---Site plan prepared by the Investigating Officer did not establish such exclusive dominion---Nor was there any other circumstantial evidence to connect the place of recovery with the appellant personally---Thirdly, the recovery was witnessed and attested only by prosecution witnesses who were related to the complainant and deceased---Therefore, the recovery of Kalashnikov along with three live bullets neither met the requirements of credibility nor fulfilled the legal criteria of relevance---Circumstances established that the prosecution had miserably failed to prove the guilt of the appellant beyond reasonable doubt---appeal against conviction was allowed, accordingly.

Shahid Mahmood alias Demo vs State Ss — 2025 MLD 1685 LAHORE-HIGH-COURT-LAHORE

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