Case Details

Citation(s)
2016 SLG 1533 2016 SLD 1533 2016 PLJ 127
Lahore High Court
Crl. Appeal No. 2115 of 2010 & M.R. No. 485 of 2010, heard on 13.5.2014. Date of hearing: 13.5.2014.
SAYYED MAZAHAR ALI AKBAR NAQVI AND ABDUL SAMI KHAN, JJ.
Sardar Khurram Latif Khan Khosa, Advocate for Appellants. Mr. Muhammad Awais, D.P.G. for State. Ch. Usman Naseem, Advocate for Complainant.

MUHAMMAD ARSHAD and another--Appellants

VS

STATE--Respondent

Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Qatal-e-amd--Conviction and sentence--Unseen occurrence--Nominated through supplementary statement with delay of fourteen days--Last seen evidence--Validity--Neither name of accused nor he has even mentioned description of accused in his statement recorded under Section 161, Cr.P.C.--Admittedly no identification parade had been conducted which was a mandatory provision in such like cases when accused was not named in FIR--Another witness of last seen evidence who had allegedly seen deceased going alongwith an un-known person had not been produced by prosecution so there is no corroboration of statement of PW and an adverse inference can be drawn that had he been produced he would not have supported prosecution version--Last seen evidence produced by prosecution, through statement is not worthy of credence and cannot be believed and is of no help to prosecution--Law is quite settled on point that in criminal case, chain of circumstances would be so strong and complete that one end touches toe of deceased and other end should encircle a dense grip around neck of accused--A slight discontinuity in chain of circumstance would definitely make chain loose and also breaks geometrical progression--It is also settled law that not many circumstances creating doubt in prosecution story are required but only one circumstance creating doubt in prosecution story is enough to acquit accussed. Criminal Jurisprudence-- ----Conviction of innocent person--Benefit doubt--It is also golden principle of criminal jurisprudence that it is better to acquit ten guilty persons than to convict a single innocent person--Prosecution has failed to prove its case against appellants beyond any reasonable shadow of doubt as prosecution case is full of doubts and cannot be believed. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Qatal-e-amd--Conviction and sentence--Challenge to--Extra judicial confession--Validity--Appellants were not known to anybody that they had committed murder and it did not appeal to a prudent mind that why they had confessed their guilt--There was no reason for accused to confess their guilt as accused…
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