Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860) ------ ------ ------ S. 302(b) ------ Conviction and sentence ------ Challenge to ------ Benefit of doubt ------ After occurrence to record their statements as eye-witnesses their silence for so long a period is mind boggling; reason cited as an explanation is preposterous to say least ------ Testimony of these witnesses cannot be accepted without seriously compromising upon standard of safe administration of criminal justice, to be observed strictly in order to allow corporal consequences after exclusion of every hypothesis of innocence ------ Another intriguing aspect of case is stark nakedness of dead body, both in relevant column of inquest report wherein it is shown lying on ground as well as on autopsy table; even if, belatedly introduced motive through improvement during trial is believed, one would remain at loss to understand as to why deceased was stripped naked in backdrop of a petty financial dispute; it spells out a scenario inconsistent with prosecution case set up in crime report; seizure of deceased's last worn clothes from appellant takes nowhere as none of witnesses alleged removal of clothes from scene ------ Circumstances surrounding death are profoundly confusing and thus a reference by appellant about antecedents and pursuits of deceased as factors behind his homicidal death cannot he dismissed out of hand ------ It would be unsafe to maintain conviction as prosecution's case is fraught with confounding questions with no plausible answers ------ Brutality alone without positive proof beyond reasonable doubt cannot be made basis to convict an accused as it can only be based upon evidentiary certainty and not on moral satisfaction ------ By extending benefit of doubt to appellant, criminal appeal is allowed. [P. 340] A THIS JUDGMENT DELIVERED BY: Qazi Muhammad Amin Ahmed, JUSTICE:---.--- Naeem Abbas, 30, hereinafter referred to as the deceased, was stabbed to death on 22.05.2010 at 3:30 p.m. within the area of Mohra Jumma, situating at a distance of 6 kilometers from Police Station Rawat, Rawalpindi. Incident was reported by his father Pervaiz Akhtar (PW-5) through complaint (Ex.PD) recorded by…

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