| Case ID |
14093043-7053-4a09-8b6f-43809c40cfa2 |
| Body |
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| Case Number |
Criminal Appeal No.115 of 2004 |
| Decision Date |
Oct 30, 2012 |
| Hearing Date |
Sep 29, 2012 |
| Decision |
The High Court set aside the conviction and sentence awarded to the accused, Alam Sher, based on the evaluation of the evidence and procedural shortcomings in the police investigation. It was determined that the evidence of recovery of firearms was not reliable, as the recovery occurred in an abandoned area without proper documentation or corroborating witnesses. The court emphasized that the prosecution failed to establish the nature of the weapons and their operational status, which is crucial for determining the legality of the charge under the Pakistan Arms Ordinance. The decision underscored the principle that any reasonable doubt regarding the prosecution's case must benefit the accused. |
| Summary |
In the case of Alam Sher vs. The State, the Sindh High Court reviewed the conviction of the applicant under the Pakistan Arms Ordinance. The case revolved around the recovery of firearms where procedural irregularities and lack of credible evidence were highlighted. The High Court found that the recovery was not safely reliable as it occurred in a jungle area, and the evidence presented did not conclusively link the accused to the crime. The court's ruling emphasized the importance of forensic analysis and proper witness corroboration in criminal proceedings, aligning with trending legal principles regarding fair trials and the rights of the accused. This case serves as a significant reference point in discussions about the burden of proof and the standards required for establishing criminal liability in firearms-related offences. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
RIAZAT ALI SAHAR, J
|
| Lawyers |
Khalid Hussain Rajpar,
Shahid Ahmed Shaikh
|
| Petitioners |
ALAM Sher
|
| Respondents |
The STATE
|
| Citations |
2013 SLD 2071,
2013 YLR 362
|
| Other Citations |
Rahim Bux v. State 2010 PCr.LJ 642,
Rekatulla v. State PLD 1962 Dacca 261,
Khalas Khan v. State 1975 PCr.LJ 172,
Abdul Ghani v. State 1976 PCr.LJ 1462,
Mohammad Afzal v. State 1983 SCMR 1,
Mushtaq Ahmed v. State PLD 1996 SC 57
|
| Laws Involved |
Pakistan Arms Ordinance, 1965,
Criminal Procedure Code, 1898
|
| Sections |
3,
13,
103
|