Ballistic expert report

2023 PCrLJN 6 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 324, 353, 148 & 149Sindh Arms Act (V of 2013), S. 25

Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, rioting armed with deadly weapon, unlawful assembly, possession of illegal firearm

Appreciation of evidence

Benefit of doubt

Ballistic Expert Report

Scope

Accused were charged for making firing upon the police party with the intention to kill them when they were asked to surrender, police also made firing in retaliation in defence and arrested one of the accused persons

In the impugned Judgment, much emphasis had been laid on the report of the Ballistic Expert and it had been stated that it corroborated the ocular evidence

However, in what manner it corroborated the ocular evidence had not been mentioned as no member of the police party was injured

In case of injury, the report of Ballistic Expert became crucial as it could connect the accused from whom a weapon had been recovered to show that the bullet causing injury was fired from the weapon of such accused

Examination report of the Ballistic Expert did not connect the accused with the alleged encounter in any manner in view of the doubt surrounding the arrest of the accused from the spot

Examination report was of no help to the prosecution

Complainant had also admitted in his cross-examination that he had not mentioned the number of the pistol as in the Challan the number of the pistol was mentioned as NIL

Ballistic Expert had mentioned the number of the pistol

Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt

Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court.

2013 PCrLJ 192 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 302Qatl-e-amdBallistic expert reportSignificance and corroboration

Where, in a murder case, it is alleged that the fatality occurred because of firing and/or fire shot and the weapon and the bullet or empties were recovered, it becomes essential, that ballistic expert report is obtained inasmuch as there can be no better evidence than the ballistic expert report which would conclusively and scientifically show if the bullet and/or empties were in fact fired from the said weapon

Ballistic expert report could further be corroborated through evidence of other witnesses to reach a just conclusion of the case to ensure that no one suffered for lack of evidence.