| Citation(s) |
|---|
| 2017 SLG 2664 2017 SLD 2664 2017 PCRLJ 806 |
Criminal Appeals Nos. 31, 32 of 2016, decision & hearing Dated: 31-08-2016.
MALIK HAQ NAWAZ, JUSTICE
Petitioner(s) by: Rehmat Karim (in Cr. A. No. 31 of 2016), Dy. A.G. (in Cr. A. No. 32 of 2016), Rehmat Karim (in Cr. A. No. 32 of 2016).
Respondent(s) by: Dy. A.G. (in Cr. A. No. 31 of 2016), Daulat Karim (in Cr. A. No. 31 of 2016), Daulat Karim (in Cr.
ZAHID ALI AND OTHERS
VS
FAZIL HUSSAIN AND OTHERS
Law: Pakistan Penal Code, 1860
Section: 223,224,322
Law: Criminal Procedure Code (V of 1898)
Section: 417
(a) Penal Code (XLV of 1860)--- ----Ss.223, 224 & 322---Criminal Procedure Code (V of 1898), S.417---Qatl-bis-sabab, escape from confinement or custody by public servant and resistance or obstruction to his lawful apprehension---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Allegation on the accused persons was that they being police officials arrested a person involved in criminal case but he escaped due to their negligent act---Missing person was allegedly threatened by the said police officials to face dire consequences of his misdeeds, which compelled him to commit suicide---Validity---Prosecution witness had charged the accused persons responsible for the death of his uncle---Said prosecution witness kept mum for a period of more than three years from the date of occurrence---First statement of the said prosecution witness was recorded under S. 161, Cr.P.C. after three years of the occurrence and second statement was recorded after four years of the first statement---No proper explanation had been given for non-recording his statement at proper time---Statements of said prosecution witness had shown that he had made some material dishonest improvements with a malicious and sinister motive to bring the case in line with the prosecution story---Such evidence had no legal force and prosecution could not reap any benefit from the same---Attending circumstances of the case had created doubt about the veracity of prosecution story, benefit of which would resolve in favour of accused--Appeal against acquittal was dismissed accordingly. (b) Penal Code (XLV of 1860)--- ----Ss.223, 224 & 322---Criminal Procedure Code (V of 1898), S.417---Qatl-bis-sabab, escape from confinement or custody by public servant and resistance or obstruction to his lawful apprehension---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Case of two versions---Prosecution had alleged that missing person (in police custody) was threatened by the accused persons (police officials) to face dire consequences of his misdeeds, which compelled him to commit suicide---Prosecution witnesses had alleged that missing person was a frequent…
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