Law: Pakistan Penal Code, 1860

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Confession---Scope---Trial Court had discarded the evidentiary value of confessional statement of accused on the ground that Magistrate did not disclose that he had read over and explained the confession to accused in his own language---Unexplained delay of five days in recording the confessional statement was fatal to the prosecution case---Confession made by accused on oath was not admissible---Complainant was not an eye-witness of the incident, but his brother had disclosed to him about the occurrence---Both eye-witnesses having contradicted each other, their evidence was not trustworthy and had made the presence of the eye-witnesses at the scene of occurrence doubtful---Medical Officer had made contradictory statement in his examination-in-chief and cross-examination and in cross-examination, had completely resiled/contradicted his examination-in-chief; he had not produced the original postmortem report and admitted that he had given wrong statement---Such evidence of Medical Officer had no evidentiary value as case of the prosecution was without any medical corroboration---Both ocular testimony and medical evidence thus were not trustworthy---Prosecution had violated provisions of S.103, Cr.P.C. as no inhabitant of the locality was called to act as a mashir of place of occurrence, recovery of crime hatchet and arrest of accused---Trial Court was misled in accepting the direct evidence, medical and circumstantial evidence and in complete departure to the principles of appraisal of evidence, had drawn wrong conclusion---Conviction awarded to accused being not based on sound principles of criminal administration of justice, was not sustainable---Impugned was set aside, accused was directed to be released, in circumstances. 1993 SCMR 670; 1988 MLD 174; 1981 PCr.LJ 434; 2008 PCr.LJ 194; 2005 YLR 106; PLD 2005 SC 484; 2001 PCr.LJ 1682; 2006 PCr.LJ 84; 2002 PCr.LJ 51; 1988 MLD 38; 2009 MLD 49; 2009 PCr.LJ 506; Hamzo and another v. The State 1983 PCr.LJ 892; Muhammad Rafiq v. The State 2009 YLR 1279; Dost Muhammad v. The State PLD 1982 Kar. 1000 and Muhammad Parvez and others v.…

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