In Brief
The State appealed against the High Court's reversal of a conviction for attempted murder (IPC §307) and illegal firearms possession (Arms Act §25). The Trial Court had convicted the accused based on three eyewitness accounts. The Supreme Court upheld the High Court's acquittal, finding five material infirmities in the prosecution case: (1) the complainant did not name the accused immediately after the incident; (2) the weapon's improbable retention by the accused; (3) absence of forensic examination; (4) non-production of the weapon before the Magistrate; and (5) absence of expected medical marks from a close-range gunshot. The Court held these infirmities were material, not merely technical, and the High Court properly exercised its appellate jurisdiction in reversing the conviction.
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