Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 377---Qatl-i-amd, sodomy---Appreciation of evidence---Benefit of doubt---Inordinate delay of eight days in reporting the matter to the Police, had not been satisfactorily explained---Such delay cast serious doubt about the veracity of prosecution case---Contradiction was between the statements of complainant and prosecution witness---Complainant made material improvements before the Trial Court during his cross-examination, to strengthen the prosecution case---Making of extra-judicial confession before the prosecution witnesses was not worthy of reliance, because at relevant time, no evidence was available against accused regarding his involvement in the crime; and none of the witnesses of extra judicial confession, enjoyed any social status/authority prompting accused to make such confession before them---Recovery of dead body of the deceased, was not effected at the instance of accused, but was recovered from a deserted place, prior to the registration of the case---Said place of recovery was never owned by accused---Alleged recovery of Chhuri at the instance of accused, was not helpful for the prosecution, because same was not stained with blood, and report of Chemical Examiner and Serologist was not available on the record in that respect---Prosecution had not been able to prove its case against accused through confidence inspiring and straightforward ocular account; and case of prosecution was doubtful in nature---Accused, in circumstances, was entitled to benefit of doubt, not as a matter of grace, but as of right---Conviction and sentence awarded to accused by the Trial Court, were set aside---Accused was acquitted of the charge of commission of sodomy and murder of deceased extending him benefit of doubt and was released, in circumstances. Sajid Mumtaz and others v. Basharat and others 2006 SCMR 231; Tahir Javed v. The State 2009 SCMR 166 and Ayub Masih v. The State PLD 2002 SC 1048 ref. (b) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Appreciation of evidence--- Medical evidence---Scope---Medical evidence, at the most was a supporting piece of evidence, because it could confirm the…

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