We have taken note of the fact that some of the witnesses, who were essentially required to be examined during trial were not produced before the court by the prosecution. While dealing with the issue of non-production of police constable who brought the complaint to the police station for the registration of F.I.R. Reference 2019 SCMR 326 We are also compelled to observe here that though the prosecution produced six witnesses during trial but none of them uttered even a single word about the date and place about the arrest of appellant and the manner it was effected. Astonishingly, no recovery memo about the personal search of appellant is available on record. We cannot remain oblivious of the fact that the appellant is charged with the serious allegation of trafficking 12 kg of heroin but even in such a heinous case, the prosecution cannot be absolved from its responsibility of proving the case beyond scintilla of any doubt. The scanning of record leaves no room for discussion that multiple doubts emerge from the prosecution evidence the benefit of which ought to be extended to the appellant which can best be provided through the judgment of acquittal. As per saying of the Holy Prophet (P.B.U.H.) the mistake in releasing a criminal is better than punishing an innocent person. Same principle was also followed by the Hon'ble Supreme Court of Pakistan in PLD 2002 SC 1048.
Crl. Appeal-Against Conviction-CNSA
684-19
ABDUL HAMID VS STATE
Mr. Justice Mirza Viqas Rauf
01-11-2022
2022 LHC 7816
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