Nadir vs State S — 2025 YLR 2364 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Nadir VS State S. 24---Possession of illegal weapon---Appreciation of evidence---Benefit of doubt---Accused was charged for having in his possession TT pistol with magazine containing two live bullets of 30-bore, allegedly used in a crime registered under Ss. 302, 148 & 149, P.P.C---From perusal of the record it appeared that the police party headed by complainant claimed to have left the police station under Roznamcha entry No.11, at 04.00 pm of 18.9.2018; however, at trial the complainant failed to produce departure or arrival entries to substantiate his plea that he had actually left the police station on the relevant date and time---Moreover, per claim of complainant, the case property was kept by him in safe custody in Malkhana of Police Station and recorded such entry in the relevant Register; however, he failed to produce on record such entry during the trial---Complainant's further claim was that after getting permission he sent the parcels containing case property to the Forensic Science Laboratory, however, neither he disclosed the dispatch official nor any one was examined at the trial---Daily diary entry through which the police allegedly had left Police Station for the purpose mentioned under the FIR was not produced in evidence at the time of trial---Non-production of such vital document by the Investigating Officer at the time of trial showed that they had not left the police station for the purpose mentioned under the memo of recovery and arrest as well as the FIR---Hence, either the offence as alleged had not occurred or the police completed/prepared all the formalities at police station only to strengthen the rope of main case---Trial Court did not bother to discuss that essential aspect of the case while awarding conviction to appellant neither the prosecution justified their claim in that regard---If the contents of FIR might be presumed to be true that the appellant was found in possession of an unlicensed pistol which obviously was a cognizable offence, yet the weapon allegedly shown to have been recovered from his possession was not the weapon through which he allegedly had committed murder of the deceased in the main case---Hence, instant case should not be termed as an offshoot of main crime---Complainant admitted in cross-examination that the mashirs, who were related to the complainant of murder case, were arranged by said complainant and further that both private mashirs were picked up by him from the way while going to place of recovery---In that context, the mashir stated in his examination-in-chief that he and co-mashir were standing near place of recovery---Such infirmities in the prosecution case created reasonable doubt about the guilt of applicant---Appeal against conviction was allowed, in circumstances.

Nadir vs State S — 2025 YLR 2364 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2025 YLR