2023 SCMR 1144
Safe custody and safe transmission of samples to the Forensic Science Laboratory not established---Benefit of doubt---Recovery was effected on 09-06-2016 whereas sample parcels were received in the office of chemical examiner on 13-06-2016 without any plausible explanation as to where the samples remained during such period---Safe custody and safe transmission of the sealed sample parcels had also not been established by the prosecution as Moharrar, who kept the sample parcel in the Malkhana and the concerned Constable, who delivered the same parcel to the office of Forensic Science Laboratory were not produced by the prosecution---Due to such defect on the part of the prosecution it could not be held with any degree of certainty that the prosecution had succeeded in establishing its case against the accused persons beyond any reasonable doubt---Prosecution even failed to prove the ownership of the vehicle---Appeal was allowed, and accused persons were acquitted of the charge by extending benefit of doubt to them.
2023 SCMR 986
Safe custody and safe transmission of samples to the Forensic Science Laboratory not established---Effect---In the present case neither the Safe custody nor the safe transmission of the sealed sample parcels to the concerned Forensic Science Laboratory was established by the prosecution because neither the Moharrar nor the Constable who deposited the sample parcels in the concerned laboratory was produced---Recovery was effected on 10.02.2015 whereas the sample parcels were received in the laboratory on 13.02.2015 and prosecution was silent as to where these sample parcels remained during this period, meaning thereby that element of tampering with samples was quite apparent in the present case---Due to such defect on the part of the prosecution it could not be held with any degree of certainty that the prosecution had succeeded in establishing its case against the accused person beyond any reasonable doubt---
0 Comments