Law: Pakistan Penal Code, 1860

Section: 302,364,34

(a) Criminal trial--- ----Evidence---Circumstantial evidence---Scope---Where no direct evidence was available and prosecution case hinged on circumstantial evidence, every circumstance should be linked with each other; and it should form such a continuous chain that its one end touched the dead-body, and other neck of the accused---If chain link was missing, then its benefit must go to accused. Ch. Barkat Ali v. Major Karam Elahi Zia and another 1992 SCMR 1047; Sarfraz Khan v. The State 1996 SCMR 188; Asadullah and another v. State 1999 SCMR 1034 and Altaf Hussain v. Fakhar Hussain and another 2008 SCMR 1103 ref. (b) Penal Code (XLV of 1860)--- ----Ss. 302, 364 & 34---Qatl-e-amd, kidnapping or abducting in order to murder, common intention---Appreciation of evidence---Benefit of doubt---Inordinate delay of fifteen days in the registration of F.I.R., had cast serious doubts on the veracity of prosecution case---Story of last seen evidence, which was introduced as afterthought, did not inspire confidence; and it was not safe to rely on said evidence of last seen; and could not be used against accused for maintaining his conviction on capital charge---Evidence of extra-judicial confession furnished by prosecution witness, was not worth reliance---Prosecution had failed to prove the motive behind the occurrence---Weapons of offence, Chhuri and bugda, allegedly recovered at the instance of accused, with positive report of Chemical Examiner and Serologist, were sent to relevant offices, about two months after the occurrence---Remote possibility of blood being present on both said articles existed and it was not safe to rely on said pieces of evidence, in circumstances---Dead body of the deceased was taken into possession from the water course 24 days prior to arrest of accused---Prosecution case being doubtful in nature, accused was entitled to the benefit of doubt, not as a matter of grace, but as a right---Conviction and sentence awarded to accused by impugned passed by the Trial Court, was set aside, accused was acquitted of the charge against him extending him benefit of doubt, and he was released, in circumstances. Sajid Mumtaz and others v. Basharat and…