Mir Nooroze Ali vs State S — 2025 MLD 597 KARACHI-HIGH-COURT-SINDH

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Mir Nooroze Ali VS State S.23(1)(a)---Possession of illegal weapon---Appreciation of evidence---Present case offshoot of another case---Acquittal recorded in other case---Effect---Prosecution case was that an unlicensed pistol with magazine containing 03 live bullets was recovered from the possession of accused---From the perusal of the record it appeared that the recovery shown from the appellant originated from the incident of case for the offence under S.365-B, P.P.C, alleging abduction of wife of complainant of that case by the appellant and his brother on gunpoint in a car---However, due to accident of the car, the appellant was apprehended along with pistol being allegedly carried by him and was produced before police---Record transpired that the Trial Court had acquitted the appellant, mainly for the reason that alleged abductee did not support the prosecution case, stating that no such incident had occurred---Surprisingly, the Trial Court, on one hand, believing the evidence of alleged abductee, acquitted the appellant of the charge of abduction, then the question was on what basis the evidence of mashir/eye-witness, who had produced the appellant before police claiming to have apprehended him along with the weapon after the incident of abduction, was believed---Trial Court had not properly appreciated the entire material and had not applied judicious mind to evaluate/appreciate the facts and circumstances of case in hand---In such circumstances, the other oral and documentary evidence brought on record, was of no effect, rather, the very recovery of offensive weapon became doubtful---Since the appellant had been acquitted from the charge of main case, the propriety of law demanded that the appellant should also be acquitted from the charge of present case, which was offshoot of main case---Appeal against conviction was allowed, in circumstances.

Mir Nooroze Ali vs State S — 2025 MLD 597 KARACHI-HIGH-COURT-SINDH

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