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AHSAN MARFANI vs State S — 2022 YLRN 5 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 5 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
AHSAN MARFANI 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

AHSAN MARFANI VS State S. 9(c)--- Possession of twenty kilograms of charas---Appreciation of evidence---Benefit of doubt---Non-production of material witness---Scope---Prosecution case was that twenty kilograms of charas was recovered from the possession of the accused---In the present case W-Head Constable of police station was not examined during the investigation nor was examined during the trial to prove the safe custody of the charas for six days---Complainant deposed that he handed over the chars to W-Head Constable for keeping it in malkhana---Police Constable who deposited the property at the office of Chemical Examiner also deposed that Investigation Officer handed over the property to him while taking from W-Head Constable who took the property from the malkhana---Non-examination of said W-Head Constable in whose possession the property was for six days was fatal to the prosecution case and made it doubtful---Alleged recovery was sent to the Chemical Examiner with the delay of six days and the said delay had not been explained by the prosecution which too made the case doubtful---Circumstances established that the prosecution had failed to prove its case against the accused beyond a reasonable doubt---Appeal against conviction was allowed, in circumstances.

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