Law: Pakistan Penal Code, 1860

Section: 302,364,109,34

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302, 364, 109 & 34--Conviction and sentence recorded against accused and co-accused were acquitted by extending benefit of doubt by trial Court--Qatl-e-Amd--Motive--Obscene/immoral acts with sister of the accused--Appreciation of evidence--Motive was not believable--Not witness was produced regarding obscene act--Natural conduct of deceased--Benefit of doubt--Accused will join a person who had tried to tarnish the family honour of the co-accused, so, the motive put up by prosecution was not believable and in the background of the prosecution story--Motive was concocted one--Trial Court had rightly disbelieved the motive part of the occurrence while giving cogent reasoning--Conviction could not be recorded merely on probabilities and prosecution had to prove its case beyond any shadow of doubt, which the prosecution had not been able to prove in the instant case--Appeal was allowed. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302, 364, 109 & 34--Conviction and sentence recorded against accused by trial Court--Challenge to--No artifical source of light at the place of occurrence--Chance of mistaken identity--Occurrence took place at mid-night--No chance of any moon light--Version of prosecution created--Serious doubt--Duty of prosecution to prove that there was sufficient light to identify the assailant--Validity--It was mentioned in FIR that it was moon lit night--Witnesses were able to identify the assailants--Without source of light there always a chance of mistaken identity--Held: According to prosecution witness the night of occurrence was the 5th of lunar month i.e. Safar and not 4th of that month--If it was presumed that it was 5th of Safar than moon must have set off at 9.00 p.m, because it was early days of rising of the moon, so at 11.30 p.m., there could be not chance of any moon light--Prosecution had not mentioned any other source of light--So from this angle the identity of the assailants at the time of occurrence was not possible and that fact by itself negates the version of the prosecution case and created serious doubt upon the veracity of the prosecution case. Pakistan Penal Code,…

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