Law: Pakistan Penal Code, 1860

Section: 34,302,337

Law: Qanun-e-Shahadat (10 of 1984)

Section: 3

(a) Criminal trial-------Circumstantial evidence---Conviction---Principles---Questions to be considered in case of circumstantial evidence were that the facts on which the prosecution relied must be fully and finally established---Such facts must lead to only one conclusion that was the guilt of the accused and must exclude all reasonable hypothesis consistent with the innocence of the accused.(b) Penal Code (XLV of 1860)-------Ss. 302, 377 & 34---Qatl-i-amd, un-natural offence, common intention---Appreciation of evidence---Benefit of doubt---Complainant consumed unexplained three hours for reaching the police station for reporting the incident, which was only 16 kilometers away from the place of occurrence---On receiving information about the incident, police proceeded to the place of occurrence and prepared inquest report---Complainant and prosecution witnesses were not present at the time of preparation of the inquest report---FIR was lodged later on---Circumstances suggested that FIR was lodged at belated stage after due deliberation and consultation, and such FIR had lost its value and authenticity, which cast serious doubt about the veracity of prosecution case---Appeal was allowed accordingly and conviction and sentence awarded to the accused by the Trial Court were set aside.(c) Penal Code (XLV of 1860)-------Ss. 302, 377 & 34---Qatl-i-amd, un-natural offence with common intention---Related witnesses---Testimony of closely related witness---Reliance---Complainant and prosecution witnesses were close relative of deceased but relationship alone was not a factor to affect the credibility of witnesses, unless some other factors were brought on record to discredit their creditworthiness---Appeal was allowed and conviction and sentence awarded to the accused by the Trial Court were set aside.(d) Penal Code (XLV of 1860)-------Ss. 302, 377 & 34---Qatl-i-amd, un-natural offence, common intention---Appreciation of evidence---Benefit of doubt---Complainant had alleged that accused committed un-natural offence with the deceased---Medico-legal certificates of the accused persons did not reflect that accused had committed the act of sodomy with the…