Ali vs State S — 2024 MLD 1247 ISLAMABAD

Case information

Citation: 2024 MLD 1247 ISLAMABAD
Court: Islamabad High Court
Year: 2024
Reporter: MLD
Parties: Ali 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

Ali VS State S. 9(c)---Possession of narcotics---Appreciation of evidence---Confession by one of the accused persons exonerating his co-accused---Scope---Prosecution case was that six kilograms charas, 4.8 kilograms opium and 14 kilograms heroin were recovered from the possession of the accused persons while they were going on a car---Record showed that while answering the charge being framed against him, one of the accused persons confessed before the Trial Court that the other two accused persons were innocent and he alone was responsible for concealing the drugs in the car trunk and, by implication, the prosecution story of distinct recoveries from two accused persons from within the car was not true---Trial Court rightly disbelieved the confession on the basis that the ocular testimonies of prosecution witnesses were too categorical in relation to distinct disclosures and individual recoveries from each of the accused persons for the Court to believe to the contrary---Trial Court also rightly repelled the submission that it could not convict said accused on the basis of the confession while ignoring its exculpatory part in relation to the other two accused, by observing that it was convicting that accused on the basis of the prosecution evidence in its totality and not on the basis of his confession---Appeal against conviction was dismissed, in circumstances.

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