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

Case information

Citation
2025 PCrLJ 355 ISLAMABAD
Court
Islamabad High Court
Year
2025
Reporter
PCRLJ
Parties
Muhammad Riaz alias Kala vs State S
Subject matter
Criminal
Provisions referred to
S. 13---P

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

Muhammad Riaz alias Kala VS State S. 13---Possession of illicit weapon---Appreciation of evidence---Safe custody of the case property not established---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---Record showed that the Moharir Malkhana was not produced as witness to establish the safe custody of the pistol in the instant case---No reasonable explanation was given as to where and in whose custody the said pistol remained after it was purportedly recovered on the pointation of appellant---Evidently, Moharir Malkhana was neither produced nor his testimony was exhibited during trial---Thus, it would not be in the interest of justice to sustain conviction of appellant when safe custody of the case property was not established---Issue of safe custody of recovered articles or case property from an accused requires paramount consideration especially in criminal offences for which an accused could be convicted for mere possession of such articles/property---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2025 PCRLJ

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