Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 382-B

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Case based on weak circumstantial evidence---Effect---Admittedly occurrence was un-witnessed---Two of the co-accused were declared innocent by the investigating agency and they were not charge-sheeted---Entire edifice of the prosecution case had been built on weak circumstantial evidence---Unnatural appearance of the accused at the house of the complainant party and asking the deceased to accompany him to collect a child, which the accused had allegedly abducted, was absolutely unbelievable as it ran counter to natural human behaviour and conduct---Furthermore the complainant party would have detained the accused with the help of others or at least informed the police about his presence---Entire story in such regard was bereft of any reason and was hard to believe being of no legal worth and reliance---Instead of accompanying the accused to the premises where the abducted child was allegedly present, the deceased went to a deserted area where his dead body was found in a crop field, considerably away from the premises in question---Such deviation was neither understandable nor believable in the absence of any believable and reliable evidence---Crime knife recovered at the instance of the accused after many days during his police custody was of no help to the prosecution because it was not shown to be stained with human blood---In three successive investigations, conducted by different investigating officers no definite opinion was formed by anyone about the guilt of the accused regarding murder of deceased and of abducting the child---Child was recovered by the police but the accused was not charged for the abduction---Time of death of deceased provided in the autopsy report completely negated and nullified the prosecution stance about the time of the departure of the deceased with the accused, which cut the roots of the prosecution case---Prosecution case was full of improbabilities, legal and factual infirmities and doubts of grave nature---Accused was acquitted of the charge of murder---Appeal was allowed accordingly. (b) Penal Code (XLV of 1860)--- ----S.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492