Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 365---Qatl-i-amd, kidnapping or abducting with intent secretly and wrongfully to confine person---Appreciation of evidence---Benefit of doubt---Unseen occurrence---Prosecution case was that accused kidnapped and murdered the deceased---Accused was not nominated in FIR and it was an unseen occurrence---Prosecution produced fourteen witnesses in order to prove the charge---None of them had claimed to have seen the accused while committing murder of the deceased within their sight---Record was silent as to who informed the police about presence of dead body of deceased lying in the field---Matter was reported to the police after 12 days of the missing of deceased---Where the fact as to how the deceased was murdered and his dead body was thrown in the field of standing wheat crop, was not explained by the prosecution, no evidence of "Wajj Takkar" came on record and none of the prosecution witnesses had expressed suspicion against the accused during search of deceased, accused, was acquitted by setting aside his conviction and sentence recorded by Trial Court in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302 & 365---Qatl-i-amd, kidnapping or abducting with intent secretly and wrongfully to confine person---Appreciation of evidence---Extra-judicial confession---Evidentiary value---Extra-judicial confession allegedly made by the accused before two prosecution witnesses---Apparently, there was no reason for the accused to confess his guilt before the prosecution witnesses, who were relatives of the deceased, which had been admitted by prosecution witness---Even otherwise, evidence of extra judicial confession was considered as weak evidence, which, in the present case, was not confidence inspiring---Accused, in circumstances, was acquitted by setting aside his conviction and sentence recorded by Trial Court. (c) Penal Code (XLV of 1860)--- ----Ss. 302 & 365---Qatl-i-amd, kidnapping or abducting with intent secretly and wrongfully to confine person---Appreciation of evidence---Recovery of incriminating material--- Reliance---Recovery of incriminating articles like "Safa" and computerized National…

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