Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 377---Appreciation of evidence---Substitution is a rare phenomenon in cases involving a single accused and particularly so in a case where the accused and the eye-witnesses belonged to the same area or locality and are known to each other---Father of deceased would be the last man to substitute an innocent person for an assassin and a real culprit. Muhammad Ayyub alias Nikka v. The State PLD 1983 SC 27 ref. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b).& 377---Murder of a young boy after abduction with tile intention of causing sodomy with him ---Unwitnessed incident---Punishment of Qisas, grant of---Validity---Appreciation of evidence---Document pertaining to the pointation of the place where the dead body was buried reflected square number and the Killa number and exactly the place which was pointed out by the accused---Square number and the Killa number were known to the villagers whose main business was agriculture and the mention about which in the document did not make the document doubtful on the ground that the accused was not expected to know the square number and killa number etc.---Statement of the complainant who was father of tile deceased. remained unshaken---Complainant had no enmity with the accused side---Story of accused unsupported by any defence evidence was hardly a pursuasive defence plea---Circumstance that the complainant after his son was found missing straightaway went to the house of the accused and stayed there while the father of the accused deputed his other son to locate tile accused who had not returned home by then and also the complainant's visit there the next day in the same connection, built a natural story about the events preceding the discovery of the dead body---Accused after he was apprehended pointed towards the place where he had buried the dead body and there was hardly much lapse of time between his arrest and the discover of the place of burial, leaving a very little room for the police toy manoeuvre---Time which was recorded by the Doctor while performing the post-mortem examination or preparing a medico-legal report was not a definite time and doctor's…

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