Forensic Science Laboratory with delay, the recovery of the same does not provide strong corroboration qua the prosecution version

16. As regards recovery of crime weapon .30 bore pistol (P-1) along with three live bullets (P-2/1-3) at the instance of the appellant and positive report of the Forensic Science Laboratory (Exh-PQ), we have noticed that the crime empty was secured from the place of occurrence on 15.01.2007, the appellant was arrested in this case on 22.01.2007 and the pistol was allegedly recovered at his instance on 26.01.2007 whereas both, crime empties and .30 bore pistol were sent to the said Laboratory on 25.04.2007 i.e. after three months and ten days of the occurrence and after about three months of the arrest of the appellant. It is, by now, a well established proposition of law that if the crime empty is sent to the Forensic Science Laboratory after the arrest of the accused or together with the crime weapon, the positive report of the said Laboratory loses its evidentiary value. Reliance in this respect is placed on the case of Jehangir v. Nazar Farid and another (2002 SCMR 1986), Israr Ali v. The State (2007 SCMR 525) and Ali Sher and others v. The State (2008 SCMR 707). In Israr Ali’s case, the Hon’ble Supreme Court has observed that when the crime empties are sent to Forensic Science Laboratory with delay, the recovery of the same does not provide strong corroboration qua the prosecution version. 

Part of Judgment

LAHORE HIGH COURT RAWALPINDI BENCH, RAWALPINDI

Criminal Appeal

155-09

2015 LHC 6748