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

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AHSAN MARFANI VS State S. 9(c)---Possession of twenty kilograms of charas---Appreciation of evidence--- Benefit of doubt---Contradictions in the statements of witnesses---Scope---Prosecution case was that twenty kilograms of charas was recovered from the possession of the accused---Record showed that the complainant and the witness/mashir gave their contradictory evidence on each aspect of the case including sealing of the alleged recovered charas, patrolling in the area before the recovery, inspection of the vehicles before the recovery, description of the recovered charas and the safe custody of the recovered charas, which made the entire case of prosecution doubtful---Complainant, in the end of FIR, had stated that he handed over the police papers to Sub-Inspector (SI), while said SI had stated in his examination-in-chief that he received the case papers not from complainant---Said contradictions clearly indicated that the complainant and mashir were not the true eye-witnesses of the incident and no such incident of arrest of accused and recovery of charas from the possession of accused had occurred---Witnesses contradicted each other on material aspects of the case, thus, no implicit reliance could be placed on the contradictory evidence of prosecution witnesses---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.

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

Case information

Judgment text as reported