BADAR ZAMAN vs State S — 2022 YLR 1564 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 1564 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: BADAR ZAMAN vs State S
Subject matter: Criminal
Provisions referred to: S. 23

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

BADAR ZAMAN VS State S. 23(1)(a)---Recovery of illegal weapon---Appreciation of evidence---Benefit of doubt---Recovery witnesses---Contradiction in evidence---Effect---Accused was convicted by Trial Court and sentenced to imprisonment for ten years as an illegal weapon was allegedly recovered from him---Validity---Both witnesses gave contradictory evidence in respect of place of recovery which had created very serious doubt in the case of prosecution---Prosecution was to prove its case beyond a reasonable doubt---Even a single circumstance which created reasonable doubt in the mind of a prudent man had come in evidence of prosecution, the benefit was to go to accused not as a matter of grace or concession but as a matter of right---Prosecution failed to prove its case against accused beyond any reasonable doubt---High Court set aside conviction and sentence awarded to accused and acquitted him of the charge---Appeal was allowed, in circumstances.

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