Law: Criminal Procedure Code (V of 1898)

Section: 410

Law: Pakistan Penal Code, 1860

Section: 149,302(b)

(a) Appreciation of evidence------It is settled principle of the criminal administration of justice that in such-like situation, where ocular account is disbelieved qua some accused and is going to be believed qua other accused, then strong and independent corroboration is required. Ref. PLJ 2004 SC 552. (b) Benefit of doubt-----In case of doubt, its benefit must go to the accused not as a matter of grace but of right. Ref. 2009 SCMR 230. MURDER---(Benefit of doubt) (c) Criminal Procedure Code (V of 1898)-----S. 410---Pakistan Penal Code, 1860, Ss. 302(b)/149---Murder trial---Appreciation of evidence---Benefit of doubt---Impugned conviction/sentence of life---Validity---As said PW had not named appellant in his statement recorded before Trial Court, therefore, no inference could be drawn against appellant---PW/complainant had enmity with appellant---Moreover in F.I.R. it had been stated that appellant fired a burst from rear side of car and bullets hit on right side of head of deceased whereas PW/doctor who conducted post-mortem examination on body of deceased observed only one fire-arm injury and that too on middle part of forehead of deceased---Medical evidence in instant case was not exactly in line with ocular account---Two more accused persons were introduced with similar role of indiscriminate firing---Both of the said accused were acquitted by Trial Court in earlier trial---In that view of the matter, if evidence of said PW was not believed qua both mentioned acquitted co-accused, it could not be credited with truth qua appellant without ant strong corroborative---Such an independent corroborative being much lacking in said case---Remaining evidence which was only supported in nature, conviction of appellant could not be maintained---Evidence of abscondence in circumstances of case could not be considered as corroborative piece of evidence---Prosecution had failed to prove its case against appellant beyond any shadow of doubt---Benefit of doubt granted---Criminal appeal allowed. Ref. 2006 SCMR 1707, 1886, PLD 2008 SC 298, PLD 2008 K. 348, 2009 SCMR 230, PLJ 2004 SC 552, 1993 SCMR 2405. [Conviction could not be based merely on corroborative evidence in…

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