Naimatullah vs State S — 2025 MLD 894 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 MLD 894 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: MLD
Parties: Naimatullah vs State S
Subject matter: Criminal
Provisions referred to: S. 392---R

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

Naimatullah VS State S. 392---Robbery---appreciation of evidence---Recovery of snatched amount from accused---Inconsequential---accused was charged that he along with his co-accused snatched an amount of Rs. 23,00,000/- along with cheque books from the complainant---according to the Investigating Officer, the petitioner made disclosure and led the police contingent to the house of co-accused, where during search, the Police Officials recovered a 9-mm pistol along with five live rounds from a room, whereas co-accused got recovered Rs. 3,36,000/- from closet of his room---Said witness further testified that the petitioner got recovered his TT pistol with three live rounds and his share out of the plundered money i.e. Rs. 400,000/- from the guest room of the house of co-accused---Investigating Officer allegedly secured Rs. 3,36,000/- from proclaimed offender and Rs. 400,000/- from petitioner, pursuant to his disclosure, where after a joint recovery memo. was prepared---Complainant had neither given the numbers nor the denominations of the plundered notes, thus it was difficult to ascertain as to whether the recovered cash was the same amount which was plundered or otherwise---Moreso, the prosecution had also not secured the cheque books, which could have been material and incriminating evidence, but the prosecution was absolutely silent about the said cheque books---Even otherwise, the recovery was a corroborative piece of evidence, which in absence of substantive evidence, was of no help to the case of the prosecution---appeal against conviction was allowed, in circumstances.

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