case law on benefit of doubt

Ss. 6 & 9(c)---Prohibition of possessing and trafficking of narcotics---Appreciation of evidence---Prosecution had examined only two Police Officials---Car claimed to have been used for transportation of the narcotics was owned by one, who had not been examined---No explanation was offered for non producing and non-examination of said owner of car--Discrepancies were found with regard to the chassis number; of the car alleged to have been used in the crime---Impugned judgment, in circumstances, was not sustainable in law--Burden was upon the prosecution to prove charge against accused beyond reasonable doubt; and law presume d an accused innocent till proved guilty beyond reasonable doubt---material contradictions existed in the deposition of the two prosecution witness es---Evidence of both the prosecution witness es on the seizure of narcotics/samples secured from the spot had material contradictions, which were sufficient to hold that the prosecution had failed to prove the case against accused beyond reasonable doubt---Impugned order passed by Special Court, was set aside, in circumstances.

2011 YLR 1483 KARACHI-HIGH-COURT-SINDH
Side Appellant : KHAN MUHAMMAD
Side Opponent : State