YASIR ARFAT vs STATE — 2026 PCrLJ 426 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2026 PCrLJ 426 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2026
Reporter: PCRLJ
Parties: YASIR ARFAT vs STATE
Subject matter: Criminal
Provisions referred to: Pakistan Penal Code (XLV of 1860)

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

YASIR ARFAT VS STATE. Ss. 302(b) & 34---Pakistan Penal Code (XLV of 1860)---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Recovery of weapon of offence from possession of accused---Safe custody and safe transmission to Forensic Laboratory not proved---Scope. The accused was charged for committing murder of the brother of the complainant by firing. The accused/appellant was arrested on the day of occurrence i.e. 30.07.2023 and the weapon was taken into possession through a recovery memo. However, the witnesses did not specify the exact place or road where the accused was arrested, nor did they associate any independent witness in the recovery proceedings. Despite recovery of the T.T. pistol and crime empties from the place of occurrence on 30.07.2023, the said articles were sent to the Forensic Science Laboratory only on 09.08.2023 after a delay of nine days. The firearm and empty casings were sent together to the expert; however, the prosecution failed to establish safe custody of the recovered articles or their proper transmission to the Forensic Science Laboratory. The prosecution also failed to explain as to who remained responsible for keeping the weapon and empties during the investigation, as no Police Station Malkhana record or testimony of any witness was produced to support the prosecution version. The prosecution was required to prove the safe custody of the recovered weapon and its safe transmission to the Forensic Science Laboratory in order to establish the evidentiary value of the recovery. Failure to prove safe custody and safe transmission created serious doubt regarding the recovery proceedings. Appeal against conviction was allowed, in circumstances.

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