Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 201, 364 & 34---Qanun-e-Shahadat (10 of 1984), Art.129(g)---Criminal Procedure Code (V of 1898), S.164---Qatl-i-amd, causing disappearance of evidence of offence or giving false information to screen offender, kidnapping, common intention---Appreciation of evidence---Benefit of doubt---Withholding of material evidence---Extra-judicial confession---Ocular account furnished by prosecution witnesses could not be believed, as both the witnesses kept silent for 6/7 days and did not disclose the occurrence to anybody---Delay in disclosing the occurrence to the Police, and the mysterious silence of the witnesses, had gone unexplained during the trial---Statement of one of the prosecution witnesses, was also pregnant with dishonest and material improvements, which had further created doubt about the probity of his evidence---Prosecution had given up the only material witness, being unnecessary---Inference against the prosecution, in circumstances, was to be drawn for such withholding of material witness, under Art.129(g) of Qanun-e-Shahadat, 1984---Unnatural conduct of prosecution witness, cast serious doubt on veracity of his testimony---Accused persons, remained on extensive physical remand, but motorcycle on which the deceased was allegedly abducted, could not be recovered---No other independent witness to corroborate the stance of the complainant qua the abduction of deceased by accused and co-accused had been produced, despite alleged presence of other witnesses at the relevant time---Flagrant and material improvements, in the statements of the prosecution witnesses, had rendered the same doubtful, which could be kept out of consideration by the court---Co-accused had been acquitted of the charge by the Trial Court disbelieving prosecution's evidence and his extra-judicial confession---Conviction of accused could not be maintained on the basis of disbelieved extra-judicial confession---Evidence of extra-judicial confession, even, otherwise, was not confidence inspiring and believable---Evidence of recovery, which was corroboratory in nature in isolation, was not sufficient to connect the accused with the…

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