Citation Name: 2023 PCrLJ 1103 LAHORE-HIGH-COURT-LAHOREBookmark this Case ABDUL HAMID vs State Benefit of doub

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Citation Name: 2023 PCrLJ 1103 LAHORE-HIGH-COURT-LAHOREBookmark this Case ABDUL HAMID VS State Benefit of doubt---Scope---Mistake in releasing a criminal is better than punishing an innocent person. Citation Name: 2023 PCrLJ 1103 LAHORE-HIGH-COURT-LAHOREBookmark this Case ABDUL HAMID VS State S. 9(c)---Qanun-e-Shahadat (10 of 1984), Arts. 22 & 129(g)---Transportation of narcotics---Appreciation of evidence---Un-natural conduct---Test identification parade---Withholding best evidence---Scope---Prosecution case was that the accused was driving a vehicle when he was stopped by the police; that shortly thereafter another vehicle was stopped by the police; that the accused claimed that the second vehicle was with him; that search of the second vehicle led to recovery of 12000 grams of heroin and that while the police was busy in searching the second vehicle, the accused along with an unknown driver decamped from the spot in the second vehicle---Swift escape of the accused was not only strange but also improbable as well, when seen in the context that the police despite having vehicle in their possession still made no effort to launch a pursuit---No contraband was recovered from the vehicle seized from the accused---Physical and facial features of the accused were neither mentioned in the crime report nor in the statements of recovery witnesses---Accused was arrested after about 08 months of the incident but no endeavour was made to hold identification test proceedings---Witnesses such as the constable who had brought the complaint to the police station for registration of FIR, the constable who was entrusted with execution of warrant and proclamation, the constable who had driven the seized vehicle to the police station and the Sub-Inspector who had arrested the accused, though essentially required to be examined during trial were not produced before the Trial Court---Multiple doubts had emerged from the prosecution evidence, the benefit of which had to be extended to the accused---Appeal was accepted and the accused was acquitted of the charge, in circumstances. Citation Name: 2023 PCrLJ 1103 LAHORE-HIGH-COURT-LAHOREBookmark this Case ABDUL HAMID VS State absconsion--- Corroboratory evidence--- Scope--- Warrant, proclamation and absconsion of an accused are meant only to provide corroboration to the case of prosecution---Deficiencies arising from the contents of arrest warrant and proclamation as well as failure of prosecution to prove their execution left---Such documents nothing but simple stray piece of papers having no legal consequences.

Citation Name: 2023 PCrLJ 1103 LAHORE-HIGH-COURT-LAHOREBookmark this Case ABDUL HAMID vs State Benefit of doubt — 2023 PCrLJ 1103 LAHORE-HIGH-COURT-LAHORE

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