Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 392--- Qatl-i-amd and robbery--- Appreciation of evidence---Benefit of doubt---Delay in lodging FIR---Matter was reported to the police after the delay of 18 hours, whereas the police station was situated only 16 kilometers away from the place of occurrence---No plausible or convincing reason for said delay was available on record---Such unexplained delay in reporting the matter to the police cast serious doubt about the veracity of the prosecution story---Appeal was allowed in circumstances and conviction and sentence recorded by Trial Court were set aside. Mehmood Ahmed and 3 others v. The State and another 1995 SCMR 127 and Nazeer Ahmad v. Gehne Khan and others 2011 SCMR 1473 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302 & 392--- Qatl-i-amd and robbery--- Appreciation of evidence---Last seen evidence---Scope---Two prosecution witnesses had alleged that they had lastly seen the deceased in the company of accused persons in a car---Fact remained that one prosecution witness informed the complainant about said fact after seven days of the occurrence while other witness after thirteen days of the occurrence---No plausible explanation was available on record as to why said prosecution witnesses kept mum for such a long time despite the fact that one said prosecution witness was Mohallahdar of complainant and the other had business relation with the complainant---Prosecution story as per FIR was that both the accused came on a car and hired the car of deceased, whereas complainant had alleged during trial that one accused sat in the car and other accused followed them---Record was silent as to why the accused persons hired car of deceased when they had their own car---Attending circumstances suggested that evidence of last seen furnished by prosecution witnesses was of no avail to the prosecution---Appeal was allowed in circumstances and conviction and sentence recorded by Trial Court were set aside. (c) Penal Code (XLV of 1860)--- ----Ss. 302 & 392---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, robbery---Appreciation of evidence---Test identification parade---Prosecution witnesses had identified…