Law: Penal Code (XLV of 1860)

Section: 302/34

Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 10(4)

Law: Anti Terrorism Act, 1997

Section: 7

(a) Penal Code (XLV of 1860) S. 302/34 Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10(4) Anti Terrorism Act (XXVII of 1997) S.7 ¬ Appreciation of evidence Medical at some perpetrated the alleged offences, death of the deceased was treated as suicidal and not homicidal Accusing finger was raised against the accused persons only on the basis of alleged extra¬ judicial confession made by them before prosecution witnesses Apart from said piece of evidence no other significant or positive evidence was produced by the prosecution implicating their, in the case Prosecution had not setup any motive prompting the accused to perpetuate the alleged offences against the deceased No incriminatory material or article was recovered from the Accused during investigation of the case Extra¬ judicial confession allegedly made by the accused did trot receive any corroboration or support from any other independent material or evidence Prosecution having failed to prove its case against the accused beyond reasonable doubt, conviction and sentences recorded by the Trial Court against them were set aside extending them benefit of doubt and they were acquitted. (b) Qanun e Shahadat (10 of 1984) Art. 37 Confession Extra judicial confession was a weak type of evidence and it. was rarely sufficient by itself to maintain conviction. (c) Criminal Trial----- Suspicion Suspicion, however, strong, could never be a substitute for proof beyond reasonable doubt as required in a criminal case. Ch. Faqir Muhammad assisted by Mian Arshad Latif for Appellants. Sh. Muhammad Rahim for the State. Dates of hearing; 3rd, 4th, 8th and 9th October, 2001. JUDGMENT ASIF SAEED KHAN KHOSA, J. ---Muhammad Mubeen and Muhammad .Aamer appellants. were convicted for an offence under section 302/34, P.P.C, vide judgment, dated 11 9 1999 rendered by the learned Judge, Anti Terrorism Court No.1, Multan and were sentenced to death each and to pay a sum of Rs..1,00,000 each as compensation to the heirs of Mst. Asma Naureen deceased under section 544 A, Cr.P.C. or in default of payment thereof to suffer simple imprisonment for six months each. Through the same judgment both the appellants were also…

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