Mst. ROBINA vs State S — 2022 YLR 454 PESHAWAR-HIGH-COURT

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Mst. ROBINA VS State S. 9(c)--- Recovery of narcotic substance---Appreciation of evidence---Un-explained delay in registration of F.I.R.---Proof of recovery---Principle---Charas weighing 7.2 Kilograms was alleged to have been recovered from accused on a Railway platform from her bag and vest worn by her---Trial Court convicted the accused and sentenced her to imprisonment for three years with fine---Validity---Occurrence took place at 1050 hours whereas Murasila (complaint) was received in police station at 1730 hours, after a considerable delay of about 7 hours, which went unexplained---All investigation was conducted before lodging of FIR---When officials who recovered contraband themselves stood witnesses then controversy remained unresolved as to who would substantiate their version regarding separate recoveries made by them from accused---Guilt of accused was not only required to be supported by testimony of complainant but also required to be substantiated by other unimpeachable, irresistible, circumstantial and independent evidence and the same was lacking---Recovery in the mode and manner as narrated by prosecution was doubtful and not appealable to general prudence, rather was concocted and fabricated---Statement of prosecution witness did not mention as to whom he handed over the case property and samples for keeping the same in safe custody---High Court extended benefit of doubt to accused and set aside conviction and sentence awarded to her by Trial Court and she was acquitted of the charge---Appeal against conviction was allowed in circumstances. Head NotesCase Description

Mst. ROBINA vs State S — 2022 YLR 454 PESHAWAR-HIGH-COURT

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