ZAHEER vs State S — 2023 YLR 1276 KARACHI-HIGH-COURT-SINDH

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ZAHEER VS State S. 9(c)---Possession of 3000 grams of charas--- Appreciation of evidence---Benefit of doubt---Safe custody---Non-production of incharge malkhana--- Effect---Prosecution case was that 3000 grams of charas was recovered from the possession of accused---Admittedly the incharge of malkhana where the property was kept in safe custody was not examined during the investigation nor was he produced before the Trial Court for recording his evidence to prove the safe custody of the recovered narcotic---Non examination of incharge of the malkhana in whose possession the property was, fatal to the case of prosecution and made it doubtful---Circumstances established that all the evidence produced by the prosecution was completely unreliable and utterly deficient to prove the charge against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 YLR 1276 KARACHI-HIGH-COURT-SINDHBookmark this Case ZAHEER VS State S. 9(c)---Possession of 3000 grams of charas---Appreciation of evidence---Benefit of doubt---Delay of five days in sending the sample for analysis---Scope---Prosecution case was that 3000 grams of charas was recovered from the possession of accused---Sample was received with the delay of five days and the same delay had not been explained by the prosecution, which made the entire case of prosecution doubtful---Circumstances established that all the evidence produced by the prosecution was completely unreliable and utterly deficient to prove the charge against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 YLR 1276 KARACHI-HIGH-COURT-SINDHBookmark this Case ZAHEER VS State S. 9(c)---Possession of 3000 grams charas--- Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses--- Scope---Prosecution case was that 3000 grams of charas was recovered from the possession of accused---Record showed that there were contradictions in the statements of witnesses, which established that the complainant and mashir were not the true eye-witnesses of the arrest of the accused and recovery of charas from his possession---Conduct of the Investigating Officer also seemed to be doubtful---In the presence of the contradictions in the evidence of complainant, mashir and Investigating Officer, it was clear that the prosecution failed to prove its case against the accused beyond shadow of reasonable doubt and the recovery had not been satisfactorily proved---No implicit reliance could be placed in such contradictions in the evidence of prosecution witnesses---Circumstances established that all the evidence produced by the prosecution was completely unreliable and utterly deficient to prove the charge against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 YLR 1276 KARACHI-HIGH-COURT-SINDHBookmark this Case ZAHEER VS State Benefit of doubt--- Conviction---Conjectures and probabilities---Scope---Mere conjectures and probabilities could not take the place of proof---If a case was decided merely on high probabilities regarding the existence or non-existence of a fact to prove the guilt of a person, the golden rule of giving benefit of doubt to an accused person, which had been a dominant feature of the administration of criminal justice with the consistent approval of the Constitutional Courts, would be reduced to a naught.

ZAHEER vs State S — 2023 YLR 1276 KARACHI-HIGH-COURT-SINDH

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