منشیات کے مقدمہ میں فرد مقبوضگی، استغاثہ اور نقشہ موقعہ کی تحریر ایک ہی ہاتھ کی تھیں۔ ملزم بری

 PLJ 2024 Cr.C. 471

Both Complainant and PW admitted in their cross-examinations that the handwriting on complaint, Recovery Memo, rough site plan and the statements of witnesses recorded under section 161 Cr.P.C. was the same. The Investigating Officer, tried to save the situation by stating that the handwriting on these documents was different. On this, the Appellant’s counsel requested the trial court to examine these documents upon which it found that they were in the same hand.

Recovery memo--A recovery memorandum is the fundamental document--Seizing Officer should draft it carefully, ensuring(naeem) that it includes a comprehensive inventory of the item recovered--This document must be executed in the presence of two or more credible witnesses, who are then required to endorse it--The primary objective of drawing the recovery memorandum on the spot, with the signature of such witnesses, is to ensure that the recovery process is carried out transparently and with integrity, reducing the possibility of false allegations or evidence tampering.

Proof Beyond a Reasonable Doubt.

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Perhaps a brief summary of what the definition should and should not contain may be helpful. It should be explained that:

• the standard of proof beyond a reasonable doubt is inextricably intertwined with that principle fundamental to all criminal trials, the presumption of innocence;

• theburdenofproof rests on the prosecution throughout the trial and never shifts to the accused;

• areasonable doubt is not a doubt based (naeem)upon sympathy or prejudice; • rather, it is based upon reason and common sense;

• itislogically connected to the evidence or absence of evidence;

• itdoesnotinvolve proof to an absolute certainty; it is not proof beyond any doubt nor is it an imaginary or frivolous doubt; and

• moreisrequired than proof that the accused is probably guilty– a jury which concludes only that the accused is probably guilty must acquit.”