Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Case was of solitary eye-witness who was father of the deceased---Certain aspects of the case like statement of the complainant/father of the deceased, medial report and site plan had created reasonable doubt about presence of complainant at the time of occurrence---Complainant had tried to improve his statement and fill up the lacunas found therein---Contradictions in the statement of complainant, site plan and medical evidence could not be easily ignored---Investigating Officer in his cross-examination had admitted that deceased. was .a hardened and desparate person having bad reputation---Possibility could not be ruled out that murder of deceased might have been committed by some body else, more particularly when he was charged for lurking house trespass, using force for extortion and outraging modesty of women---Only evidence against accused was his abscondence for more than two years---Abscondence was corroboratory piece of evidence, but not substantial; and in absence of other material evidence sufficient for conviction, abscondence would lose its importance; and merely on the ground of abscondence the conviction could not be awarded to accused---Order of conviction passed by the Trial Court against accused, being not sustainable, he was acquitted of the charges levelled against him. Matiul Haq and 6 others v. The State 1983 PCr.LJ 482; Riaz Maseeh alias Mithu v. The State 1995 SCMR 1730; Saeedullah v. Shah Nazar and others 2001 PCr.LJ 1740; Jan Alam v. The State and another 2004 PCr.LJ 68 and PLD 2004 Pesh. 32 ref. (b) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-e-amd--- Appreciation of evidence--- Benefit of doubt---Relationship of witness with deceased---Effect---Relationship of witness with the deceased was not disqualification to outrightly disbelieve his testimony---If however the statement of solitary witness of closely related to the deceased was not in harmony with material on record, conviction on the basis of such witness, could not be recorded---Single infirmity, creating reasonable doubt in the prudent mind was sufficient for giving benefit of doubt…

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