Law: Pakistan Penal Code, 1860

Section: 302,307,34

(a) Criminal trial--- ---Principle---Guilt against an accused must rest surely and firmly on the evidence produced in the case and plain inference of the guilt may irresistibly be drawn from the evidence. PLD 1970 SC 10 ref. (b) Penal Code (XLV of 1860)--- ----Ss. 302/34 & 307/34---Appreciation of evidence---Expert opinion--Expert opinion will not outweigh the trustworthy, confidence-inspiring and consistent direct evidence. Muhammad Hanif v. State PLD 1993 SC 895 and Sarfraz alias Sappi and 2 others v. State 2000 SCMR 1758 ref. (c) Penal Code (XLV of 1860)---- ---Ss. 307/34---Number of witnesses---Prosecution must produce best Kind of evidence to establish accusation against the accused facing trial, but at the same time it has no obligation to produce a good number of witnesses, because it has an option to produce as many as witnesses which in its consideration are sufficient to bring home guilt to the accused, following the principle of law that to establish accusation, it is not the quantity but quality of the evidence which matters. Sarfaraz alias Sappi and 2 others v. State 2000 SCMR 1758 and Allah Bakhsh v. Shammi and others PLD 1980 SC 225 ref. (d) Penal Code (XLV of 1860)--- ----Ss. 302/34 & 307/34---Burden of proof on accused---Burden of proving the existence of circumstances bringing his case within general oar special Exceptions of the Penal Code or any other law is upon the accused facing the trial, otherwise the Court shall presume absence of such circumstances. Abdul Haq v. State and another PLD 1996 SC 1 ref. (e) Penal Code (XLV of 1860)--- ----Ss. 302/34 & 307/34---Appraisal of evidence--Ocular evidence was trustworthy, coherent, consistent and confidence-inspiring---Minor discrepancies cropping up in prosecution evidence without touching its intrinsic value were of no avail to defence---No extenuating circumstance was available on record in favour of accused for reducing his capital punishment who had killed five persons---Principle of expectancy of life was no more applicable in the country ---Abscondence of accused after commission of the crime had also disentitled him to any leniency in the quantum of sentence---Conviction and…

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