Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 310-A & 201---Anti-Terrorism Act (XXVII of 1997), Ss. 6 & 7---Qatl-i-amd, giving a female in marriage or otherwise in badl-e-sulah, causing disappearance of evidence of offence, or giving false information to screen offender, act of terrorism---Appreciation of evidence---Benefit of doubt---Prosecution case was that the daughter of complainant left his house with her paramour who returned his daughter after few days---Accused/appellants, who were uncle and cousin of the complainant thereafter took the daughter of complainant to their house for some time in order to avoid further disgrace---Complainant and his wife used to visit his daughter from time to time, at the house of accused-appellants but on one such visit, she was not present in the house---Accused-appellants had informed the complainant who had reached there with two witnesses, that she did not want to remain there and wanted to go out of their house---Daughter of complainant was murdered by accused and buried in the ditch to preserve the family honour---Record showed that complainant and his two relatives were the key prosecution witnesses---Said witnesses in the FIR and in their statements recorded under S.164, Cr.P.C. had stated that accused-appellants had murdered the deceased but resiled before the Trial Court and refused to support the prosecution case---Said witnesses stated that accused-appellants had told them that deceased had left their house, they and other relatives searched for her and came to know that her dead body was buried near the graveyard---Witnesses denied that they had changed their evidence due to compromise, threat, inducement or for any other reason---Dead body was exhumed which was identified by the complainant as his daughter---Said witnesses were declared to be hostile---Names of the accused-appellants had been added by the police---Circumstances established that prosecution failed to prove its case against the accused beyond reasonable doubt---Accused-appellants were acquitted by setting aside conviction and sentence recorded by the Trial Court. Muhammad Sarfraz v. State 2013 SCMR (sic); Aurengzeb v. State 1990 SCMR…

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