Recovery of empties
Recovery of empties legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Empties collected from the place of occurrence, thus could not be sent for matching to Forensic Science Laboratory.
Empties recovered from the spot were to be sent to the Forensic Laboratory without any delay, failing which such evidence does not remain free from doubt and cannot be used against the accused.
Recovery of empties is a corroborative piece of evidence and where direct evidence fails, corroborative piece of evidence is of no avail.
Law requires that empties recovered from the spot should be sent to the Forensic Laboratory without any delay, failing which such evidence does not remain free from doubt and cannot be used against the accused.
Such kind of evidence by itself was not sufficient to bring home the charges against the accused especially when the other material put-forward by the prosecution in respect of guilt of the accused had already been disbelieved.
Such kind of evidence by itself was not sufficient to bring home the charges against the accused especially when the other material put-forwarded by the prosecution in respect of guilt of accused had already been disbelieved.
Allegedly, accused and his absconding brother were charged by the complainant to have fired at him with their respective weapons with which he was injured
Circumstances suggested that it could be the doing of one person but two real brothers were charged for the commission of offence
Non-recovery of any other empties to have been fired from some other weapon suggested that either one of the accused was not involved in the firing at the deceased or he might not be even present at the spot
Said factors did not support the prosecution version
Accused was acquitted in circumstances by setting aside conviction and sentence recorded by the Trial Court.
Said report could not implicate the accused as the crime weapon had not been mentioned in the FIR and during the trial it was disclosed that the accused persons were carrying with 12-bore shot guns
Record was silent whether guns carried by accused persons were single barrel or double barrel
Circumstances established that recovery of empties was inconsequential.
Nature and number of wounds on the deceased and empties recovered from the spot, gave rise to the question that more persons had fired at the deceased
Said factor made the case one of further inquiry and made accused entitled to concession of bail
Bail was allowed accordingly.
Similar role of discriminate firing had been attributed to accused and absconding co-accused, but only five empties of thirty-bore weapon along with a spent bullet had been recovered from spot
Forensic Science Report, revealed that all said five empties had been fired from one and same thirty-bore weapon, which gave rise to the question as to whether one or more persons had fired at the victims
Said factor alone made case one of further probe and made accused entitled to concession of bail
Bail applications were allowed accordingly.
"Recovery of empties", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124955053
Precedents & Case Laws citing "Recovery of empties"
2009 Y L R 1977
GHULAM MUSTIFA and 3 others — Petitioners Versus THE STATE — Respondent
Court: Lahore2005 P Cr
FARMAN ULLAH and another — Petitioners Versus THE STATE and another — Respondents
Court: Peshawar1997 P Cr
MUHAMMAD ISRAIL KHAN — Petitioner Versus NIAMAT ALI KHAN and another — Respondents,
Court: PeshawarP L D 1990 Karachi 314
MUHAMMAD ACHAR‑‑Appellant Versus THE STATE‑‑Respondent
Court: ‑‑‑S. 302‑‑‑Appreciation of evidence‑‑‑Relationship of eye‑witnesses with deceased by itself is not sufficient to discredit their testimony‑‑‑Closely related witnesses can be as reliable as a completely unknown and stranger witness‑‑ Credibility of a witness does not depend upon relationship, but the same should flow from his deposition‑‑‑Nature and quality of the statement of a witness should evoke confidence and trust‑‑‑No hard and fast rule can be laid down that a person closely or distantly related to complainant or deceased would always be an untrue and interested witness, nor can it be said with any force that a stranger who is not related to deceased will always be a true witness‑‑‑Relationship and nearness cannot be the only touchstone, but may be an important factor in assessing worth of evidence and its credibility‑‑‑Statement of a witness can be accepted or rejected only after the same has been examined thoroughly with reference to facts and circumstances and evidence of other witnesses recorded in the case‑‑ Evidence of witnesses either related or close to deceased should, however, be carefully scrutinized.‑‑Witness.2024 M L D 862
Muhammad Ali — Appellant Versus The State — Respondent
Court: Sindh2007 M L D 310
ATTAULLAH and another — Appellants Versus THE STATE — Respondent
Court: Karachi2010 Y L R 2155
KHAYAL NAWAZ — Petitioner Versus THE STATE and another — Respondents
Court: Peshawar1998 S C M R 277
ANWAR and another‑‑‑Petitioners Versus STATE‑‑‑Respondent
Court: Supreme Court of Pakistan2002 Y L R 32
MUHAMMAD ABDULLAH — Appellant Versus MUHAMMAD BASHIR and another — Respondents
Court: LahoreP L D 1989 Peshawar 133
QASAM JAN Appellant Versus THE STATE‑‑Respondent
Court: ‑‑‑S. 302/34‑‑Recovery of any number of empties would always not be the ground to exonerate accused from commission of offence‑‑Even if no empty .was recovered from the spot, yet accused could be held responsible for commission of offence‑‑When prosecution case upon evidence was plausible and trustworthy, recovery or non‑recovery of empties, held, would have no value.‑‑ Recovery.