Law:

Section:

Penal Code (XLV of 1860)---Ss. 324 & 337-F(iv)---Criminal Procedure Code (V of 1898), S.342---Attempt to commit Qatl-e-amd and Ghayr-jaifah Mudihah---Appreciation of evidence---Suggestions during cross-examination, non-confronting of---Trial Court drew inferences from suggestions put to complainant during cross-examination, considering the same as positive suggestions and based conviction of accused, such was not relevant and legal approach for conviction of accused in any criminal case---No evidence was available to corroborate solitary statement of complainant about occurrence but Trial Court admitting such lacuna on the part of prosecution observed that accused had not denied occurrence---Such observations were made by Trial Court on the basis of alleged positive suggestions put to complainant in cross-examination---Suggestions made by accused did not make case of admission by him and could not be termed as acceptance of occurrence by accused in the mode and manner alleged by prosecution---Accused was also not confronted with suggestions during his statement under S.342, Cr.P.C., which were made basis for conviction---High Court set aside conviction and sentence awarded by Trial Court and accused was acquitted of the charge---Appeal was allowed in circumstances. JUDGMENT ABDUL LATIF KHAN, J.---Through this single judgment, I propose to dispose of Criminal Appeal No.9 of 2013 filed by appellant Rehmatullah against his conviction and sentence and Criminal Revision No.2 of 2013 preferred by Sawan complainant for enhancement of sentence of the appellant as both the matters are the outcome of one and the same judgment dated 15-4-2013 passed by learned Sessions Judge, D.I. Khan vide which the appellant has been convicted under section 324, P.P.C. and sentenced to three years' R.I. with a fine of Rs.20,000 or in default, to undergo three months' further SI and on further conviction under section 337-F(iv), P.P.C., he has been sentenced to two years' R.I. and also to pay Daman of Rs.50,000 with benefit of section 382-B, Cr.P.C. extended in his favour. 2. Brief facts of the prosecution case are that on 25-6-2012 at 1300 hours, complainant Sawan lodged a report…

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