Hotak alias Sapak vs State S — 2025 MLD 70 QUETTA-HIGH-COURT-BALOCHISTAN

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Hotak alias Sapak VS State S. 13---Possession of illicit weapon---Appreciation of evidence---Prosecution case was that rifle .303 bore had been recovered on the disclosure of accused during investigation of a criminal case---Record showed that complainant testified that on 27.07.2022, he along with other levies personnel under the supervision of Investigation Officer at 2:50 pm went to the house of the accused, where on the pointation of accused Rifle .303 bore was recovered, whereafer he sent an application for registration of FIR---Levies Constable corroborated the testimony of complainant and reiterated what he had deposed---Said Constable was recovery witness of the Rifle .303 bore, which was secured through the recovery memo.---Testimony of both the witnesses could not be shattered despite lengthy cross-examination---No license was produced by the accused---Investigating Officer stated that on 20.07.2022 accused was arrested in two different murder cases and on 26.07.2022, during investigation of those cases accused made disclosure and in consequence thereof on 27.2022, the accused let them to his house at 2:50 pm, where he got recovered Rifle .303 bore, which was secured through the recovery memo.---Investigating Officer also produced positive Forensic Science Laboratory Report of Rifle .303 bore, revealing the pistol to be in working condition---Despite lengthy and exhaustive cross-examination, the defence failed to extract any favorable reply, thus Investigating Officer's deposition went unshaken---As far as non-association of private witness was concerned, the recovery had been made on the pointation of accused in consequence of a disclosure, thus, compliance of S.103, Cr.P.C, was not mandatory and its violation was not fatal to the case of the prosecution---Circumstances established that the prosecution had proved the case beyond any glimpse of doubt---Appeal against conviction was dismissed accordingly.

Hotak alias Sapak vs State S — 2025 MLD 70 QUETTA-HIGH-COURT-BALOCHISTAN

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