Law: Pakistan Penal Code, 1860

Section: 302(b),34,302

Law: Qanun-e-Shahadat (10 of 1984)

Section: 37,38,39

Law: Criminal Procedure Code (V of 1898)

Section: 164

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b)/34---Appreciation of evidence---Prosecution case largely depended on confessional statement of accused---Confessional statement was recorded one day after arrest of accused and from perusal of said statement it appeared that fear of police was not removed from the mind of accused and confession made by accused was not free from extraneous influences such as threat, promise or inducement---Said confessional statement was not voluntary and it suffered from various defects and infirmities---Confessional statement had been retracted by accused, which was enough to make it involuntary and had diminished its intrinsic value---Confession of accused, in circumstances, was not worth reliance---Prosecution evidence suffered from infirmities and improbabilities and same could not be made a base of conviction of accused---Case was fit in which benefit of doubt could be given to accused---Conviction and sentence recorded against accused by Trial Court' were set aside and they were acquitted of charge ---Co-accused though had not filed appeal against her conviction and sentence, but she was also convicted on basis of evidence disbelieved by Appellate Court---Benefit of passed in appeal should be given to her also in order to do complete justice in the case. Riaz Hussain v. The State 2001 SCMR 177; Mir Mat-Khan alias Matokai, v. The State 2002 PCr.L.J 1914; Muhammad Ilyas and 3 others v . The State 1989 PCr.L.J 226; Shah Pasand v. The State 1989 PCr.LJ 1966; Mehboob Ali alias Maqbali v. The State 2000 PCr.LJ 823; Saeed­ur-Rehman and 10 others v. Government of Punjab, Lahore and 3 others 1972 SCMR 2001; Muhabbat Ali and another v. The State 1985 SCMR 662 and Waqar Zaheer v. The State PLD 1991 SC 447 ref. (b) Penal Code (XLV of 1860)--- ----S. 302/34---Appreciation of evidence---Accused had only to show a dent having been created in case of prosecution and that he was entitled to benefit of even a. single doubt found in such evidence and that he had not to show that case suffered from more than one doubt---While passing an order of conviction of an accused in murder case, the Court had not only to be satisfied that murder had been…

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