Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Delay of about three months in reporting the matter to the Police, had not been plausibly explained---Both witnesses of last seen, not only were related inter se, but were maternal and paternal cousins of the complainant and the deceased, respectively---Said last seen evidence, was of no consequence to the prosecution, in circumstances---During the investigation, it came on record that deceased, was not a man of good character, and was habitual in committing zina with bad reputed girls---Witness of extra judicial confession, was given up by the prosecution, which had created some doubt---Deceased and accused, were fast friends and neighbours, but the prosecution witness had not stated that there was any enmity or grudge existed between the two friends---No motive was assigned to accused---Doctor who conducted the post mortem examination admitted that possibility could not be ruled out, that if the report of Chemical Examiner was excluded, the deceased had died his natural death---No injury was noticed on the body of the deceased---Witnesses before whom accused persons had allegedly made extra judicial confession, had been given up by the prosecution---All said circumstances, had made the case of the prosecution doubtful---If a single circumstance, would create reasonable doubt in a prudent mind about guilt of an accused, then he would be entitled to such benefit, not as a matter of grace or concession, but as of right---Impugned passed by the Trial Court, was set aside; accused was acquitted of the charge, he being on bail, his bail bonds were discharged. Tahir Javed v. The State 2009 SCMR 166 ref. THIS JUDGMENT DELIVERED BY: ASLAM JAVED MINHAS, JUSTICE:---.--- This judgment shall dispose of Criminal Appeal No. 418 of 2009 titled Qasim v. The State and others and Criminal Appeal No. 303 of 2009 titled Manshad Ali v. Mst. Shahnaz Bibi, and others as both are outcome of the same judgment. 2. The appellant, namely, Qasim along with co-accused Khan Muhammad (since acquitted on the basis of compromise) and Mst. Shahnaz Bibi (since acquitted) was tried by the…

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