Law: Pakistan Penal Code, 1860

Section: 302(c),302(b)

Law: Juvenile Justice System Ordinance, 2000

Section: 11

(a) Penal Code (XLV of 1860)--- ----S. 302(c)---Qatl-e-amd---Appreciation of evidence---Incident was a daylight occurrence in which accused was singularly charged for the murder of the deceased---Both parties being well-known to each other, possibility of mistaken identity was to be ruled out and false implication of an innocent person for the real culprit was a rare phenomenon---Altercation took place between the deceased and accused two days prior to the incident---No evidence was available suggesting any previous enmity between accused and eye-witnesses; question of false implication of accused did not arise---Complainant being eye-witness had furnished the natural and true account of the tragedy, and his version was fully corroborated by other eye-witness---Both complainant and said other eye-witness, were consistent with each other on each and every material particular of the incident; they had fully established their presence at the crime spot at the time of incident---Both said witnesses were subjected to lengthy and comb searching cross-examination by the defence, but nothing beneficial could be extracted from them---Defence had failed to bring out any thing material to prove that said witnesses were arranged witnesses or having any previous motive to falsely implicate accused---Mere fact that both of then were related to the deceased, would not be sufficient to discard their testimony; and to exonerate accused front the charge of murder---Statements of said witnesses inspired confidence---Alleged contradictory statements of the prosecution witnesses regarding the time of their arrival to the Police Station could not be termed as contradictory, but was a minor discrepancy, not fatal to discard the straightforward and confidence-inspiring testimony of said witnesses, which had no inherent infirmity, casting doubt on its veracity---Accused remained fugitive from law for more than 3 years, after passage of such a long period, minor discrepancies, could occur in the statements of prosecution witnesses, and accused could not get premium thereof---Besides ocular account, prosecution case, got support from circumstantial evidence in the shape of recovery of…

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