Recovery of articles

2022 YLRN 1 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 302(b), 364-A, 367-A, 377 & 201Qatl-i-amd, kidnapping, rape, sodomy, causing disappearance of evidence of offenceAppreciation of evidenceRecovery of articlesScopeAccused was charged for committing murder and sodomy after kidnapping the son of complainant

Prosecution witness stated in his statement that accused during investigation got recovered syringe, ash, bhalu toy and wire from the deserted room, which were accessible to everyone, hence, said recovery was not believable

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 conviction and sentence recorded by the Trial Court.

2020 YLR 881 FEDERAL-SHARIAT-COURT Judicial Precedent

Ss. 395 & 511Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), Ss.17(3) & 24Robbery or attempt to commit robberyAppreciation of evidenceBenefit of doubtRecovery of articlesProofUnexplained delay in registration of FIRAccused was sentenced and convicted by Trial Court for committing and attempting to commit robberyValidity

Entire investigation was carried out by complainant and his companions and role of investigating officer and Levies was secondary

Prosecution had not gathered tangible evidence against accused to establish allegations charged with

Nothing was available on record that accused had committed robbery or dacoity and that some snatched articles were recovered from his possession by drivers of truck, who deposited the same

Except an illicit weapon nothing was recovered from accused

Prosecution failed to establish as to how cash amount, two mobiles and two cards etc. allegedly recovered from accused were handed over by drivers to the Levies personnel

False implication of accused could not be ruled out as FIR was lodged after consultation and deliberation and delay of 21 hours in lodging same was not explained and such factors reacted on credibility of version of prosecution

Federal Shariat Court set aside conviction and sentence of accused as prosecution had failed to prove any case against accused beyond reasonable doubt

Appeal was allowed in circumstances.

2018 PCrLJN 37 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 302, 379, 411 & 460

Qatl-i-amd, theft, dishonestly receiving stolen property, house-breaking by night, cause or attempt to commit qatl of any person

Appreciation of evidence

Recovery of articles

Reliance

Scope

Record showed that a kara and two clips of gold from accused were recovered

Golden kara and two rings were recovered from co-accused

Said recovery was made after lapse of one month, and these articles were not even, identified by the husband of the deceased

Pistols were recovered from the accused and co-accused

Said recovery had no relevance with the case because no fire arm injury was made by accused-persons to the deceased

Said recoveries were not worthy of reliance in circumstances.

2018 PCrLJ 669 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 379, 462-B, 462-F & 511

Theft, tampering with petroleum pipelines, damaging or destructing the transmission or transportation line, attempting to commit offence with imprisonment for life or a shorter term

Appreciation of evidence

Recovery of articles

Prosecution case was that accused-appellants along with co-accused persons were found in installing a clip over the pipeline of a Refinery Company in order to commit theft of oil

First Information Report showed that at the time of arrest of accused-appellants, they were putting a clip on pipeline after digging a ditch over the pipeline

Record showed that no tools like shovel, spade, scoop, trowel or any other similar tool allegedly used for digging the ditch were recovered from the possession of accused-appellants or found at the place of incident

Police did not find empty barrels or any other container for storing stolen oil

No vehicle was shown to be seen by police for transporting the stolen oil

Only the recovery of a clip and a screw wrench, in such a situation, was not sufficient to connect the accused-appellants with the commission of the alleged offence

Accused-appellants were acquitted in circumstances by setting aside conviction and sentence recorded by the Trial Court.

2016 PLD 467 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 302(b) & 392Qanun-e-Shahadat (10 of 1984), Arts. 24(2) & 46-AQatl-i-amd and dacoityAppreciation of evidenceMultiple murdersRelevant factsRecovery of articlesCellphone call data

Investigating officer, during spot inspection, secured an empty box of a cellular phone handset with International Manufacturer Equipment Identification Number (IMEI) printed on it

Such innocuous piece of cardboard turned out as a formidable piece of evidence when one accused at the time of his arrest led to the recovery of the same handset with the same IMEI number

According to cellphone call data, recovered handset was operated with two SIMs secured at time of arrest

Such piece of evidence generated through an automated system was not amenable to human interference, as such constituted relevant facts within the contemplation of Art. 46-A of Qanun-e-Shahadat, 1984

Reference to IMEI number was antedated in point of time to arrest of accused and recovery of handset as well as SIMs were conclusively established by a computer generated document

Such piece of evidence was inexorably pointed on accused as it clinched his presence at the venue with co-accused

Recovery of various articles from accused persons in pursuance of their disclosures, cellphone data, blood stained weapons, relationship of co-accused with the family constituted formidable evidence within the contemplation of illustration (b) of Art.24(2) of Qanun-e-Shahadat, 1984

Prosecution successfully established its case beyond a shadow of doubt with the chain of circumstances constituting an irresistible nexus inter-se the accused persons and deceased

High Court declined to interfere in conviction and sentence awarded to accused by Trial Court

Appeal was dismissed in circumstances.