Law:

Section:

(Against the dated 22-2-2007 passed by Peshawar High Court, Abbottabad Bench in Criminal Appeal No.98 of 2004). (a) Penal Code (XLV of 1860)---S. 302(b)---Qatl-e-amd---Reappraisal of evidence---Plea of alibi---Doubt regarding presence of accused at the scene of incident---Accused was alleged to have fired at the deceased, which resulted in the latter's death on the spot---High Court dismissed appeal filed by accused against his conviction and sentence under S.302(b), P.P.C.---Validity---Accused surrendered before police himself along with a letter from the Commanding Officer of his Scouts unit to the effect that accused was on duty in a different city on the day of the occurrence---Statements of five persons from the Scouts unit of the accused were also produced which mentioned the fact that accused was on duty in a different city on the day of the incident---Accused insisted upon his plea of alibi at the earliest opportunity before the police authorities and also stated the same in his statement under S.342, Cr.P.C. before the Trial Court---Document had been introduced in evidence to substantiate plea of alibi taken by accused, therefore, onus shifted on the prosecution to disprove such a document, which had not been done in the present case---Doubt existed regarding presence of accused at the scene of incident, benefit of which had to go to him--- Appeal was allowed, impugned of High Court was set aside and accused was acquitted of the charge. Wasiullah v. Mirza Ali and another PLD 1963 SC 25; Munawar Ali alias Munawar Hussain v. The State PLD 1993 SC 251; Allah Wadhayo and another v. The State 2001 SCMR 25 and Aminullah v. The State PLD 1982 SC 429 ref. (b) Criminal trial--- ----Defence plea---Standard of proof---Scope---Accused while raising a defence plea was only required to show that there was a reasonable possibility of his innocence and the standard of proof was not similar to that as expected of the prosecution, which had to prove its case beyond any reasonable doubt. (c) Criminal trial--- ----Plea of alibi---Witness introducing document in evidence to substantiate plea of alibi---Burden of proof---Scope---Onus would shift on the prosecution to…

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