Mehboob Ali Mallah vs State S — 2026 PCrLJ 733 KARACHI-HIGH-COURT-SINDH

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Mehboob Ali Mallah VS State S. 302(b)---Qatl-i-amd---Appreciation of evidence---Non-production of last worn clothes of deceased---Effect---Accused was charged for committing murder of his wife/daughter of complainant by firing---Prosecution had notably failed to produce any conclusive evidence regarding the last worn clothes of the deceased, which were allegedly pierced by gunshot pellets---Chemical Examiner, despite examining the said clothes, remained completely silent on the critical aspect of the presence of holes or pellets on the garments---Likewise, the Medical Officer did not address this point during her testimony---Furthermore, the memo. prepared for the seizure of the clothes did not mention any holes or pellet marks---In cases involving capital punishment, it was the paramount duty of the prosecution to establish every link in the chain of circumstances with utmost clarity and precision---Absence of such forensic evidence created a serious lacuna and broke the continuity of the prosecution's case---Said failure to establish the presence of pellets in the deceased's clothes casted doubt on the authenticity and completeness of the prosecution's narrative, which weakened the evidentiary value of the chain of circumstances relied upon for conviction---In the present case, as per the Chemical Examiner's report, human blood was detected on the clothes and the blood-stained earth recovered---However, a significant lacuna in the prosecution's case arose from the investigative agency's failure to determine and establish the blood groups of the deceased persons---There was no evidence on record regarding their blood grouping, nor had any attempt been made to match the blood stains found on the exhibits with the blood group of the deceased---Prosecution had also failed to obtain or produce any evidence concerning the blood grouping of the deceased in order to rule out the possibility that the blood found on the recovered clothes might have belonged to the deceased herself---In such circumstances, the forensic report merely stating the presence of human blood on the exhibits, without any corroborative evidence linking it to the deceased through blood group comparison, substantially weakened the probative value of such forensic evidence---Appeal against conviction was allowed, in circumstances.

Mehboob Ali Mallah vs State S — 2026 PCrLJ 733 KARACHI-HIGH-COURT-SINDH

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