-Arts. 3 & 4---Constitution of Pakistan (1973),
Art.203-F---Reappraisal of evidence---Benefit of doubt---Inimical and
interested witnesses---Allegation against accused/appellant was that
pursuant to tip- police party, after getting search warrants from Area
Magistrate, conducted raid and arrested accused who led to recovery of
2500 grams of heroin---Federal Shariat Court maintained conviction and
sentence passed on accused by Trial Court---Accused contended that prior
to registration of case against him a
criminal case under Ss.452, 341, 342, 384, 148 & 149; P.P.C. was got
registered against police including S.H.O. of concerned police station
at the direction of High Court; that accused played an active role in
registration of case against police and he was cited as witness therein
and that habeas corpus petition had been filed in High Court on behalf
of accused and in order to justify his illegal detention, police falsely
involved him in the present case and also in some other cases of
identical nature---Validity---Discrepant prosecution evidence had been
furnished against accused by inimical and interested
witnesses---Documentary evidence transpired that accused was harassed to
such an extent that he was compelled to file suit for damages and writ
petition through his wife for his release from illegal detention of
police---Police was so much poised against accused that he was involved
in so many other cases---Accused had continuously insisted on
investigation of case against police by some other investigation agency
which fact further aggravated grievance of police against
him---Prosecution did not prove case against accused beyond reasonable
doubt---Accused was entitled to acquittal on ground of benefit of
doubt---Appeal was accepted.
2007 SCMR 1288 SUPREME-COURT
Side Appellant : RASHID AHMED alias PAPPU
Side Opponent : State
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