Law: Pakistan Penal Code, 1860

Section: 302(b)

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

Section: 3

(a) Penal Code (XLV of 1860)-------S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 3---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Child witness---Trial Court, while recording statement of child witness, who was daughter of both, the deceased and accused, had not complied with the mandate of Art.3 of Qanun-e-Shahadat, 1984 to determine child's competency to testify by putting her questions---Said child witness, in her cross-examination, had categorically denied her presence with her father/accused at the time of making report in the hospital---Daily diary, had falsified said statement of said witness, wherein she had signed the report of accused as a verifier---Statement of said witness and peculiar facts and circumstances of the case showed that witness was a tutored witness, who resiled from her earlier version; due to influence of her maternal uncles, because her statement was recorded in presence of her maternal uncles; and that too in their house; which would mean that she was totally under the command of her maternal uncles---Story of administering poison to the deceased, seemed to be a cooked and fabricated story---No evidence had been brought on record to show previous strained relation or any oral altercation between the deceased and accused---Accused himself had requested for post-mortem examination of the deceased---Had there been anything black at the bottom, then accused would have never made such request---Version of child witness, also did not find support from medical evidence---Prosecution, could not seek support from factum of abscondence of accused when other material evidence of the prosecution had been disbelieved being pregnant of doubts; and suffering from material contradictions---Absconsion alone was not a conclusive proof of guilt of accused---Prosecution had failed to prove the guilt of accused through cogent and confidence inspiring evidence, its benefit was to be extended to accused---Conviction and sentence of accused recorded by the Trial Court, were set aside; accused was acquitted of the charge against him, and he was set at liberty, in circumstances. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 3---Child…

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