Law: Pakistan Penal Code, 1860

Section: 34,302

Law: Criminal Procedure Code (V of 1898)

Section: 103,154,342

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Criminal Procedure Code (V of 1898), S. 103---Qatl-i-amd---Appreciation of evidence---Possession of crime empties from place of occurrence---Recovery of crime weapon after arrest of accused---Sending the said weapon and empties to Forensic Science Laboratory---Effect---If the crime empty was sent to the Forensic Science Laboratory after the arrest of the accused or together with the crime weapon, the positive report of the said Laboratory lost its evidentiary value---Accused was acquitted in circumstances. Jehangir v. Nazar Farid and another 2002 SCMR 1986; Israr Ali v. The State 2007 SCMR 525 and Ali Sher and others v. The State 2008 SCMR 707 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302, 34---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd---Appreciation of evidence---Statement of accused---Rejection and acceptance of such statement---Exculpatory and inculpatory statement, consideration of---Statement of accused recorded under S. 342, Cr.P.C. was to be accepted or rejected in its entirety and where the evidence of prosecution was found to be reliable and the exculpatory part of statement of accused was established to be false, it had to be excluded from consideration and the inculpatory part of statement of accused might be read in support of the evidence of prosecution---Prosecution had failed to prove its case against the accused beyond reasonable doubt, therefore, the accused had to be acquitted even if she had taken a plea and thereby admitted killing the deceased---Conviction of accused was set aside. Azhar Iqbal v. The State 2013 SCMR 383 rel. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 154 & 342---Case of two versions---One version set out in FIR and brought on record through prosecution and second one having been brought on record by the statement of accused under S. 342, Cr.P.C., court was required to anlayse the prosecution version first in order to ascertain its truthfulness or otherwise. Ashiq Hussain v. State PLD 1994 SC 879 and Amin Ali v. The State 2011 SCMR 323 rel. (d) Criminal trial--- ----Medical evidence---Evidentiary value---Medical evidence was a supporting…

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