SHAH HUSSAIN vs State S — 2025 SCMR 967 SUPREME-COURT

Case information

Citation: 2025 SCMR 967 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: SHAH HUSSAIN vs State S
Subject matter: Criminal
Provisions referred to: S. 7; S. 5---E; Explosive Substances Act (VI of 1908)

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

SHAH HUSSAIN VS State S. 7(ff)---Explosive Substances Act (VI of 1908), S. 5---Explosive substance, recovery of---Re-appraisal of evidence---Benefit of doubt---Safe custody and transportation of case property---Explosive substance was alleged to have been recovered from accused who was riding a motor cycle which was being driven by co-accused---Trial Court convicted the accused and sentenced him to imprisonment for fourteen years, whereas the co-accused was acquitted---Validity---Prosecution failed to prove that accused was owner of the motor cycle used in the occurrence, which was being driven by co-accused---Investigating officer handed over parcels of case property to Moharrar but Moharrar of Maal Khana of police station did not appear in witness box---Safe custody and transportation of parcels of explosive substance etc. was not proved during trial---Single circumstance, which creates doubt in prosecution case is sufficient to acquit accused---Case against accused was repleted with number of circumstances which had created serious doubts in prosecution story---Supreme Court set aside conviction and sentence awarded to accused by Trial Court and acquitted him of the charge by extending benefit of doubt---Appeal was allowed.

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