Citation Name: 2023 YLR 1942 PESHAWAR-HIGH-COURTBookmark this Case ZAFAR ALI vs State Benefit of doubt

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Citation Name: 2023 YLR 1942 PESHAWAR-HIGH-COURTBookmark this Case ZAFAR ALI VS State Benefit of doubt--- Principle---Reasonable doubt found in the prosecution case would be sufficient to acquit an accused. Citation Name: 2023 YLR 1942 PESHAWAR-HIGH-COURTBookmark this Case ZAFAR ALI VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Safe custody and transmission of narcotics to Forensic Laboratory not established---Effect---Prosecution case was that 90486 grams charas in 80 slabs was recovered from the secret cavities of the vehicle of the accused---Scanning of prosecution evidence showed that complainant stated in his examination in chief that he sent the case property along with accused under the escort of constable and under the supervision of ASI in the official vehicle---ASI stated in examination in chief that he was marginal witness of recovery memo. vide which complainant during the course of gasht recovered charas from secret cavities of vehicle---Said witness simply stated in his cross-examination that they took the documents, case property and accused in the official pick-up and did not depose about the handing over the case property to Moharrir---More so, Police Constable stated in his statement that the police station handed over parcels Nos.1 to 80 of the instant case for onward transmission to Forensic Science Laboratory but the prosecution had not produced and examined, neither Constable to whom parcels Nos. 1 to 80, containing samples for Forensic Science Laboratory, were entrusted for submission to Moharrir for safe custody from spot to police station nor Moharrir was produced as witness---Non-production of said witnesses led to only one corollary that chain of safe custody had not been proved by the prosecution---Prosecution also by not producing as witness the Moharrir, who handed over the samples to constable put a serious dent in the prosecution case about safe custody of contraband---Safe custody and its transmission to police station and later its transmission to Forensic Science Laboratory was of utmost and paramount importance---In case of failure the whole superstructure built on the recovery of contraband would fall to the ground---Trial Court had erred in appreciating the case evidence in its true perspective---Circumstances established that the prosecution had not been able to prove its case beyond reasonable doubt, therefore, the impugned judgment warranted interference---Appeal was allowed and the accused were acquitted from the charges levelled against them by extending them benefit of doubt. Citation Name: 2023 YLR 1942 PESHAWAR-HIGH-COURTBookmark this Case ZAFAR ALI VS State Benefit of doubt---Principle---For extending the benefit of doubt, it is not necessary that there should be many circumstances creating doubts---Single circumstance, creating reasonable doubt in the prudent mind about the guilt of accused, makes him entitled to its benefit, not as a matter of grace or concession, but as a matter of right.

Citation Name: 2023 YLR 1942 PESHAWAR-HIGH-COURTBookmark this Case ZAFAR ALI vs State Benefit of doubt — 2023 YLR 1942 PESHAWAR-HIGH-COURT

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