USMAN AHMED vs State Ss — 2025 SCMR 1442 SUPREME-COURT

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USMAN AHMED VS State Ss. 302(b) & 392---Qatl-i-amd, robbery---Reappraisal of evidence---Recovery of robbed property and weapon of offence from an open place without associating private persons---Effect---Accused were charged for committing murder of the son of complainant during robbery---Testimony of the Investigating Officer, with respect to the recovery of the robbed articles was also telling---Investigating Officer stated that the robbed articles were recovered from the house of appellant upon his pointation, which admittedly was surrounded by a number of houses---None of the neighbours were, however, associated in respect of the recovery proceedings---Record showed that the weapon of offence, a 30-bore pistol, was recovered upon the pointation of appellant from beneath some bushes near the place of occurrence---Recovery witness deposed that it was a picnic place and number of people were always available there---However, they did not make any person from the public as witness---Police's failure to associate any member of the public with the recovery of the weapon of offence despite the ready availability of such a person, constituted yet another doubt in the myriad of flaws afflicting the prosecution's case---Moreover, there was also the fact that the recovery was effected from an open place---Placing reliance on a recovery made from an open and accessible place was unsafe because it could not be said that the recovery had been effected from the exclusive possession of the accused---Circumstances established that the charges leveled against appellant had not been proved by the prosecution beyond reasonable doubt---Appeal against conviction was allowed, in circumstances.

USMAN AHMED vs State Ss — 2025 SCMR 1442 SUPREME-COURT

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