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

Case information

Citation
2023 PCrLJN 34 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
MANJHI KHAN vs State Ss
Subject matter
Criminal
Provisions referred to
S. 103---P; Criminal Procedure Code (V of 1898)

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

MANJHI KHAN VS State Ss. 9(c) & 25---Criminal Procedure Code (V of 1898), S. 103---Possession of narcotic---Appreciation of evidence---Benefit of doubt---Prosecution case was that 1200 grams charas was allegedly recovered from the possession of accused---Police party though had advance information about the availability of accused along with charas but they did not bother to take with them any private person either from the place of information or from the place of incident to witness the event---Cross-examination of the complainant showed that people were passing by place of incident during arrest and recovery proceedings---Question was as to when the private persons were available at the spot, then why police did not join them as recovery witnesses---No explanation was on record as to why independent witness had not been associated in the recovery proceedings---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.

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