FAZAL HAMEED vs State Benefit of doubt — 2023 PCrLJN 79 PESHAWAR-HIGH-COURT

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FAZAL HAMEED VS State Benefit of doubt---Scope---For giving benefit of doubt to an accused it is not necessary that there should be many circumstances creating doubts---If a single circumstance creates reasonable doubt in a prudent mind about the guilt of accused, then he will be entitled to such benefit not as a matter of grace and concession but as a matter of right. S. 9(d)--- Qanun-e-Shahadat (10 of 1984), Art. 129(g)--- Transportation of narcotics--- Appreciation of evidence---Benefit of doubt---Contradictory statements---Delay in sending recovered narcotics---Safe custody---Withholding best evidence---Scope---Accused was apprehended while transporting 10,000 grams of charas---Different versions of four police officials qua separation of samples as well as taking it to the Forensic Laboratory came forward in the prosecution evidence---Samples were received in the Forensic Laboratory after a delay of two days, which was not explained---Samples were handed over to sample bearer by the Moharrir but the later was not examined by the prosecution during trial; as such, the prosecution had withheld its best evidence---Complainant had admitted during cross-examination that there was no special secret cavity in the vehicle except manufactured cavities; which rebutted the version of prosecution qua secret cavities in the vehicle---Prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal was allowed and the accused was acquitted of the charge, in circumstances.

FAZAL HAMEED vs State Benefit of doubt — 2023 PCrLJN 79 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported