Law: Pakistan Penal Code, 1860

Section: 34,201,302,392,460

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 460, 392, 201 & 34---Qatl-i-amd, persons jointly concerned in lurking house trespass by night, robbery, causing disappearance of evidence of offence, common intention---Appreciation of evidence---Benefit of doubt---Circumstantial evidence---Scope---Accused was charged for the murder of two persons after committing robbery---Brutal occurrence was un-witnessed and entire case of the prosecution rested on the circumstantial evidence---Incriminating material against accused surfaced in the statements of witnesses including that of Investigating Officer---Accused was arrested on the disclosure of the proclaimed offender---Said disclosure of the proclaimed offender could not be considered in evidence and the only utility of the same was that it enabled the Investigating Officer to arrest accused and to collect the evidence against him---Only incriminating evidence, brought on record by the prosecution against the accused was that, on the day of occurrence he travelled with the principal accused in the flight---After the arrest of the accused, a car and a motorcycle were recovered from him, with the allegation that accused had purchased the same from his share of the looted amount---Travelling of accused with the principal accused in the same flight could not be considered a proof for the participation of accused in the commission of offence---Said incriminating evidence was a mere allegation, without any support from any independent material, as it was not proved that accused had purchased the said vehicles after the occurrence; that the same were registered in his name or that he purchased the same from the amount, which he received from the principal accused---Circumstances established that prosecution had failed to prove the case beyond any shadow of doubt, benefit of which would resolve in favour of accused---Accused was acquitted in circumstances by setting aside conviction and sentence recorded by the Trial Court. (b) Criminal trial--- ----Circumstantial evidence---Reliance---Principle---Case resting on circumstantial evidence---Accused could be convicted if only the conclusion of his guilt was drawn from the…