Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Prosecution witness, who had been cited as eye-witness in the F.I.R. and claimed to be present at the spot when incident took place, except giving an incomplete description of culprit, had not claimed that he identified assailant or that he could identify the culprit who committed the offence---Said witness had not identified the culprit during the course of identification parade, at the strength of description given in his statement---Said witness had denied the suggestion that he had earlier seen culprit and that culprit was known to him---No ground existed to believe the statement of said witness qua his capability to have identified accused---Other prosecution witness, who claimed to be eye-witness, had not been cited as eye-witness in the F.I.R.---Statement of said witness was recorded with unexplained delay---Statements of said two prosecution witnesses, could not be relied upon, on account of contradictions in their statements---Prosecution had failed to bring home the charge against accused beyond reasonable doubt, and defence had succeeded to create dents and reasonable doubt in the prosecution case---Accepting appeal, impugned passed by the Trial Court, was set aside, accused was acquitted of the charge and was released, in circumstances. (b) Islamic jurisprudence--- ----Crime and punishment---Error of a Qazi in acquitting an accused was better than his mistake in recording conviction against an innocent person. (c) Criminal trial--- ----Benefit of doubt---Scope---Various circumstances were not required to extend benefit of doubt to an accused---If a single circumstance was available, which according to a prudent mind was sufficient to create reasonable doubt in the prosecution case and thereby the veracity and the chastity of the prosecution case was rendered doubtful; then accused would be entitled for the benefit of doubt as a matter of right, and not as matter of grace. Muhammad Akram v. The State 2009 SCMR 230 rel. JUDGMENT MUHAMMAD NOOR MESKANZAI, J.---Instant appeal is directed against the judgment dated 8th March, 2012 passed by the learned Sessions Judge,…

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