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Sultan bahaduR Yousfzai vs State S — 2024 MLD 1134 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 MLD 1134 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
MLD
Parties
Sultan bahaduR Yousfzai vs State S
Subject matter
Criminal
Provisions referred to
S. 9

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

Sultan bahaduR Yousfzai VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Benefit of doubt---Co-accused acquitted on same set of evidence---Prosecution case was that 57 kilograms charas was recovered from the vehicle driven by the accused---Record showed that it was not the case of prosecution that only father knew the Charas and son was not aware of its presence, but the trial Court proceeded to presume the same without there being any evidence in that regard, and acquitted the son---So when the son was found entitled by the trial Court to benefit of doubt on assumption of his being ignorant of presence of the Charas in the vehicle, the father would also be entitled to such benefit because there was no evidence that he had any prior information of the Charas present in the vehicle, which was not even owned by him but by someone else, whom the prosecution failed to investigate for ascertaining his role in the case---So even from such angle, i.e., no investigation against the owner of the truck,the prosecution case was weak and did not inspire confidence---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2024 MLD

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