MANJHI KHAN vs State S — 2023 PCrLJN 34 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MANJHI KHAN VS State S. 9(c)---Possession of narcotic---Appreciation of evidence---Benefit of doubt---Contradictions in the statement of witnesses---Effect---Prosecution case was that 1200 grams charas was recovered from the possession of accused---Record showed that a number of contradictions existed in between the evidence of prosecution witnesses---Mashir in his cross-examination stated that recovered pieces of charas were of black colour whereas chemical report available on record showed the colour of pieces of charas as black brown---Complainant had stated in his cross-examination that during patrolling, he was armed with SMG rifle and other members of police party were also armed with SMG rifle but daily diary regarding entry of departure did not contain particulars of equipments, arms and ammunitions whereas, mashir while contradicting that fact had deposed that at the time of leaving police station they were armed with K.K rifles---Complainant and mashir were available at the spot but according to the complainant the digital scale was lying in the mobile van and PC/witness had brought the same whereas mashir while contradicting that fact had stated that he did not remember who brought the scale---High Court observed that such contradictions in the case of prosecution led that perhaps the incident had not taken place in a manner as stated in the FIR---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances.

MANJHI KHAN vs State S — 2023 PCrLJN 34 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported