Muhammad NIaz alias Aalian vs State Ss — 2025 YLR 2709 ISLAMABAD

Case information

Citation: 2025 YLR 2709 ISLAMABAD
Court: Islamabad High Court
Year: 2025
Reporter: YLR
Parties: Muhammad NIaz alias Aalian vs State Ss
Subject matter: Criminal

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 NIaz alias Aalian VS State Ss. 302(b) & 397---Qatl-i-amd, robbery or dacoity with attempt to cause death or grievous hurt---Appreciation of evidence---Benefit of doubt---Recovery of incriminating material---Infirmities---Accused was charged for committing murder of the son of complainant during dacoity---Alleged recovery of the deceased's vehicle on 10.05.2022 and the purported recovery of the crime weapon on 12.06.2022 demonstrated a disjointed and suspicious sequence of events---Credibility of recoveries was seriously undermined by multiple legal infirmities---Ownership of the recovered vehicle was jointly held and the prosecution had failed to establish that the appellant was in exclusive possession of it---Alleged murder weapon, a pistol, was taken into possession after an inordinate delay of more than a month and was carried out without adherence to mandatory legal protocols---Recovery memo was notably deficient in essential particulars, such as the exact location and circumstances of the recovery---Moreover, the chain of custody for the weapon was neither properly documented nor preserved, compromising its evidentiary value---Appeal of appellant against conviction was allowed, in circumstances.

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