Law: Penal Code (XLV of 1860)

Section: 302/201/34

Law: Criminal Procedure Code (V of 1898)

Section: 417(2)

(a) Penal Code (XLV of 1860)---.--- ---.---Ss. 302/201/34---.---Criminal Procedure Code (V of 1898), S. 417(2)---.---Qatl-e-amd, causing disappearance of evidence of offence---.---Appeal against acquittal---.---Prosecution case was based only on circumstantial evidence---.---Evidence regarding making of extra judicial confession by the accused before brother-in-law of the deceased had been created just to support the prosecution version and was not believable, because the witness had neither contacted the police in this behalf despite telephone facility, nor mentioned this fact in his affidavit executed subsequently---.---Two other close relatives of the deceased had deposed about having seen the two deceased alive lastly with the accused persons---.---Presence of the said witnesses at the relevant place was not established and their testimony was not only discrepant but also suffered from dishonest improvements---.---Even otherwise, all the persons sitting in a car passing at a reasonable speed from a distance during night, could not be possibly identified---.---Last seen evidence, therefore, was unnatural and incredible---.---Recovery of ashes of burnt clothes at the instance of accused from the house was of no avail to prosecution, as the said house was not proved to be owned or occupied by the accused---.---Said evidence also had material discrepancies---.---Motive as alleged could not be established---.---Accused were not connected with the crime in any way---.---Impugned was not perverse, arbitrary, capricious or speculative---.---Appeal against acquittal of accused was dismissed in circumstances. Allah Ditta v. The Crown 1969 SCMR 558; Allah Ditto v. The State 1968 SCMR 378; State v. Khuda Dad and others 2004 SCMR 425; Mst. Moodan v. Saifullah and 2 others 2004 SCMR 923; Riaz Hussain v. Khalid Pervaiz and others 2005 SCMR 1092 and Muhammad Iqbal v. The State 1984 SCMR 930 ref. (b) Penal Code (XLV of 1860)---.--- ---.---S. 302/201/34---.---Qatl-e-amd, causing disappearance of evidence of offence---.---Appreciation of evidence---.---Suggestions made in evidence---.---Prosecution has to prove its own case and it cannot take benefit of denied suggestions.…

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