SULEMAN vs State S — 2022 MLD 1612 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 MLD 1612 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: MLD
Parties: SULEMAN vs State S
Subject matter: Criminal
Provisions referred to: S. 9

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SULEMAN VS State S.9(d)---Possession of narcotics---Appreciation of evidence---Presence of witnesses at the spot was doubtful---Scope---Prosecution case was that 7028 grams of charas was recovered from the motorcar driven by the accused, while co-accused was sitting on front seat of the said motorcar---Record showed that there were numerous material contradictions between the statements of prosecution witnesses, creating doubt qua mode and manner of recovery of contraband as well as presence of prosecution witnesses on the spot---Had they been present on the spot at the relevant time and recovered the contraband from the vehicle of accused in the mode and manner advanced by them, they would have supported each other on material points instead of contradicting each other---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt to sustain conviction---Appeal was allowed and accused was acquitted by setting aside conviction and sentence recorded by the Trial Court. Head NotesCase Description

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