KASHIF ALI vs State art — 2023 YLR 1153 FEDERAL-SHARIAT-COURT

Case information

Citation: 2023 YLR 1153 FEDERAL-SHARIAT-COURT
Court: Federal Shariat Court
Year: 2023
Reporter: YLR
Parties: KASHIF ALI vs State art
Subject matter: Criminal
Provisions referred to: S. 439---R; 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

KASHIF ALI VS State art. 4---Criminal Procedure Code (V of 1898), S.439---Recovery of liquor---appreciation of evidence---Benefit of doubt---Chemical Examination Report---Sample form one bottle---Liquor in 48 bottles was allegedly recovered from accused---Conviction and sentence of imprisonment for 2 years awarded by Trial Court was maintained by Lower appellate Court---Validity---Report of chemical examiner was related to one bottle out of 48 bottles and such report was unworthy of trust and reliance for safe custody, safe transmission, and handing over the sealed parcel that contained the one bottle which was not proved on record---Case of prosecution was full of doubts and prosecution failed to prove its case against accused---Single circumstance creating a reasonable doubt in prudent mind about guilt of accused was sufficient to extend its benefit to accused not as a matter of grace or concession but as a matter of right---Federal Shariat Court set aside conviction and sentence awarded by two courts below and accused was acquitted of the charge---Revision was allowed, in circumstances. Head NotesCase Description

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