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---Unexplained delay of more than six days in sending the weapon of offence and crime empties to the laboratory---Consequential---Accused were charged for committing murder of the nephew of the complainant by firing---Record revealed that the empties were secured from the place of incident on 09.04.2019, whereasthe accused was arrested subsequently on 15.04.2019---During interrogation, the pistol was allegedly recovered on the pointation of the said accused---However, the forensic record indicated that all the material, the empties and the recovered pistol was dispatched to the Forensic Science Laboratory on 15.04.2019 and 19.04.2019 respectively---Said sequence of events clearly showed that the empties were sent to the laboratory only after the arrest of the accused, with a delay of nearly six days, while the pistol was forwarded after a further delay of two days---Such unexplained delay in sending the crime empties and weapon to the Forensic Science Laboratory created serious doubt regarding the sanctity of the recovery proceedings---Laboratory's report also reflected that both the empties and the pistol were received and examined within interval, indicating that the Forensic Science Laboratory might have awaited the alleged recovery of the weapon thereby leaving ample room for manipulation or fabrication---As such, the retrieval of the pistol from the possession of the accused bore no legal significance and the positive report of the Forensic Science Laboratory, having been based on belatedly dispatched samples, lost its evidentiary worth---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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