AMJAD vs STATE Ss — 2026 YLR 1205 PESHAWAR-HIGH-COURT

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AMJAD VS STATE Ss. 302(b), 364, 365, 201, 202, 149 & 109---Qatl-i-amd, kidnapping or abducting a person with the intent to murder or to place them in danger of murder, kidnapping, causing disappearance of evidence of offence or giving false information to screen offender, intentional omission to give information about an offence by a person legally bound to inform, unlawful assembly, abetment---Appreciation of evidence---Recovery of weapon of offence and crime empties---Safe custody of case property not established---Accused were charged for committing murder of the son of complainant and his friend after their abduction---As per recovery memo the Investigating Officer had taken into possession one plus one crime empty of 30-bore pistol from the places of each appellant on 03.03.2017---Thereafter, on the pointation of appellants Investigating Officer had also recovered two (02) crime weapons i.e. 30-bore pistols from the house of one “W” on 04.03.2017---Investigating Officer drafted application for sending both the recovered empties and weapons to Forensic Science Laboratory on 21.03.2017 i.e. after seventeen (17) days---Forensic Science Laboratory Report in respect of the recovered crime empties and weapons i.e. 30-bore pistols was found in positive, however, intriguing aspect of the matter was that the crime empties were shown to have been recovered from the spot on 03.03.2017, followed by recovery of weapons of offence on pointation of the appellants on 04.03.2017 and the same was received in the Forensic Science Laboratory on 21.03.2017 i.e. after considerable delay of seventeen (17) days---In such eventuality a question of safe custody of the case property would also arise that where the same were lying during the intervening period, for which no explanation whatsoever could be offered by the prosecution---Delayed sending of case property to Forensic Science Laboratory would depreciate the evidentiary value of such piece of evidence rendering it unsafe to be relied upon---Therefore, no reliance could be placed on the positive Forensic Science Laboratory Report as the possibility of substitution of the empties as well as crime weapons could not be ruled out---Appeal against conviction was allowed, in circumstances.

AMJAD vs STATE Ss — 2026 YLR 1205 PESHAWAR-HIGH-COURT

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