Law: Pakistan Penal Code, 1860

Section: 34,302

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

Section: 38,39

Law: Criminal Procedure Code (V of 1898)

Section: 164

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---No direct evidence---Accused was charged for the murder of deceased---Complainant did not initially nominate any person in his fard-e-bayan, on the basis of which, FIR was recorded---Accused persons had been nominated through supplementary statement---Complainant had taken U-turn from his previous statement---Such facts created doubt in the prosecution's case, benefit of which would resolve in favour of accused---Conviction and sentence recorded by Trial Court were set aside in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Accused persons were not named in the FIR--- Complainant implicated the accused persons through supplementary statement---Complainant made improvements in his supplementary statement---Circumstances suggested that complainant involved the accused persons falsely and therefore, reliance could not be placed on his such statement---Conviction and sentence recorded by Trial Court were set aside in circumstances. (c) Criminal trial--- ----Witness---Improvements made by witness---Effect---If witness improved his version to strengthen the prosecution case, statement of such witness, could not be relied upon being dishonest---Credibility of witness had become doubtful, which cast serious doubt on the veracity of such witness. Akhtar Ali and others v. The State 2008 SCMR 6 rel. (d) Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Retracted confession---Accused was charged for the murder of deceased---Accused made confession before Judicial Magistrate but later on retracted---Retracted confession of the accused was not corroborated by any evidence---Circumstances suggested that confessional statement retracted by the accused person, could not at all be called as voluntary judicial confession in the eye of law and the same had no legal effect---Conviction and sentence recorded by Trial Court were set aside in circumstances. (e) Criminal Procedure…

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