Muhammad Riaz alias Kala vs State S — 2025 PCrLJ 355 ISLAMABAD

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Muhammad Riaz alias Kala VS State S. 13---Possession of illicit weapon---Appreciation of evidence---Contradictions in the statements of witnesses---Prosecution case was that during interrogation of a murder case, a pistol was recovered on the disclosure of accused which was allegedly used in the main occurrence---In the present case, there were contradictions in the testimonies of complainantand Investigating Officer regarding the exact time of occurrence---Complainant during cross-examination, deposed that the Police Officials along with the appellant departed from police station CTD at about 2:15 pm whereas the Investigating Officer in his cross-examination deposed that they left the police station soon after the disclosure of appellant in physical remand and reached the place of recovery at about 3 pm---However, according to the complaint as well as FIR the time of occurrence was stated as 2:15 pm and at that time the appellant purportedly entered the graveyard and recovered the pistol---Thus, the version advanced by both the witnesses was in direct contradiction with their own complaint and FIR---Said witnesses accompanied the appellant in the whole process and witnessed the entire recovery proceedings, so their contradictory statements regarding time of occurrence could not be overlooked as mere minor discrepancies---Even there was nothing on record to corroborate the assertions of said witnesses regarding the time of departure/arrival from the police station---Another contradiction was regarding the item in which the pistol was wrapped when it was recovered from the graveyard---As per the complaint and FIR the said pistol was wrapped in an envelope of blue colour whereas the complainant deposed that it was wrapped in a shopper of black colour and the Investigating Officer deposed that it was wrapped in a shopper of blue colour---Such contradictions raised serious doubts on the credibility of prosecution's witnesses---Appeal against conviction was allowed, in circumstances.

Muhammad Riaz alias Kala vs State S — 2025 PCrLJ 355 ISLAMABAD

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