Mst. Fateh Khatoon vs Muhammad Qasim Ss — 2026 YLR 909 KARACHI-HIGH-COURT-SINDH

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Mst. Fateh Khatoon VS Muhammad Qasim Ss. 302(b), 201, 342, 337-H(2), 506(2), 109, 148 & 149---Qatl-i-amd, causing disappearance of evidence of offence or giving false information to screen offenders, wrongful confinement, hurt by rash or negligent act, criminal intimidation, abetment, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Recovery of weapon of offence on the pointation of accused doubtful---Accused were charged for committing murder of the nephew of the complainant by firing---Prosecution had relied upon the alleged recovery of a pistol said to have been effected on the pointation of accused during interrogation---However, the record was completely silent as to whether any such disclosure statement of the accused was formally recorded in writing---Absence of any record of the alleged pointation rendered the recovery proceedings highly doubtful and devoid of legal sanctity---Omission violatedthe principles of fair investigation and materially affected the credibility of the prosecution's version---Consequently, the alleged recovery could not be safely relied upon---Further observed that the record was silent regarding the safe custody of the recovered pistol and the manner in which it was preserved or produced before the Forensic Science Laboratory---Prosecution had failed to establish that the case property remained intact with from the time of its recovery until its dispatch for examination---In the absence of proof of safe custody, the recovery and the corresponding forensic report lost their evidentiary significance---Appeal against conviction was allowed, in circumstances.

Mst. Fateh Khatoon vs Muhammad Qasim Ss — 2026 YLR 909 KARACHI-HIGH-COURT-SINDH

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