Law: Pakistan Penal Code, 1860

Section: 34,324

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129(g)

Law: Criminal Procedure Code (V of 1898)

Section: 417(2-A)

(a) Penal Code (XLV of 1860)--- ----Ss.324 & 34---Criminal Procedure Code (V of 1898), S. 417(2-A)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Attempt to commit qatl-e-amd, common intention---Appeal against acquittal---Appreciation of evidence---Benefit of doubt---Matter was reported after a delay of 17 hours, and no plausible explanation was furnished for such delay---In view of such delay in lodging report, coupled with specific motive between the parties, it could be said that the time inter se the alleged incident and report, had been consumed by the complainant in deliberation and consultation---Complainant in his statement, had totally negated his earlier version furnished by him in his report---Best available evidence having been withheld, adverse inference under Art.129(g) of the Qanun-e-Shahadat, 1984 would be drawn that had the said witness been produced, he would not have supported the prosecution case---Injured prosecution witness had admitted that occurrence had taken place in the dark hours of the night, but not a single word had been stated about the source of light at the time of occurrence, nor the Investigating Officer had collected any instrument of light---Identification of accused, in circumstances was highly doubtful---Investigating Officer, examined as prosecution witness, had admitted that during investigation of the case, he found accused innocent---Ocular account furnished by injured complainant was inconsistent and incompatible with other circumstances of the occurrence---Trial Court had rightly acquitted accused by extending him benefit of doubt, after proper appraisal of evidence to which no exception could be taken in absence of any misreading, non-reading of material evidence and any infirmity in impugned . (b) Penal Code (XLV of 1860)--- ----S.324 & 34---Attempt to comit qatl-e-amd, common intention---Appreciation of evidence---Benefit of doubt---Scope---Statement of injured witnesses, supported by medical evidence, was sufficient for recording conviction, in hurt cases, provided it rang true and was trustworthy, in view of its intrinsic worth---Mere stamp of injuries on the person of a witness, would not be a proof of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492