Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Accused was charged for the murder of his mother and her paramour, which were found in compromising position---Motive for the offence as stated by the complainant was that the accused on seeing both the deceased in compromising position, killed them---Contents of the FIR showed that complainant and other inmates of the house were eyewitnesses of the occurrence, but in cross-examination, the complainant had admitted that he had not seen the accused at the time of firing---Complainant admitted that he was not eyewitness of the occurrence---Circumstances established that prosecution had failed to bring home the guilt of accused through cogent and confidence inspiring evidence beyond shadow of doubt, benefit of which, would resolve in favour of accused---Appeal was allowed and accused was acquitted in circumstances by setting aside conviction and sentence recorded by the Trial Court. (b) Criminal trial--- ----Benefit of doubt---Principle---Many circumstances creating doubt in the prosecution case were not required for giving benefit of doubt---Single circumstance creating doubt in the case would be enough to acquit the accused. 2009 SCMR 230 and Muhammad Khan and another v. The State 1999 SCMR 1220 rel. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Motive not proved---Effect---Motive for the occurrence was that the accused on seeing his mother and her paramour in compromising position, killed them---Motive advanced by the prosecution remained unproved---No evidence had been led to prove as to where and in whose presence the deceased were present in compromising position as alleged by the complainant in his report---Circumstances established that prosecution had failed to prove the motive. (d) Criminal trial--- ----Witness---Closely related to victim---Statement of such solitary witness---Scope---Conviction could be recorded on the basis of solitary statement of witness, having close relation with the deceased or victim provided his statement was trustworthy, confidence inspiring and corroborated by strong…

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