Law: Pakistan Penal Code, 1860

Section: 302(b),324,337-F(iii),397

Law: Criminal Procedure Code (V of 1898)

Section: 170,340(2),342,382B,544A

Pakistan Penal Code 1860 (XLV of 1860)-- ----Ss. 302(b)/397/324/337-F(iii)--Conviction and sentence--All sentences except death sentence were ordered to be run concurrently--Challenge to--Acquittal of--FIR story and prosecution witnesses, differ each other--Identification parade cannot be made basis for conviction--Benefit of doubt--Held: It is trite law that entire burden to prove alleged crime rests on shoulder of prosecution and if there is any doubt qua culpability of accused exists in prosecution case, benefit of same is supposed to be given to him--In instant case, three eye-witnesses were produced in order to prove ocular account, one of them had stamp of injuries on his person whereas other eye-witness was given up--Anyhow, complainant while appearing as witness, explained incident dacoity/robbery but could not prove. Pakistan Penal Code 1860 (XLV of 1860)-- ----Ss. 302(b)/397/324/337-F(iii)--Conviction and sentence--Challenge to--Non Specific role--Identification parade--Non-exhibition of same white adducing prosecution evidence--Held : Accused has not been identified with reference to any role, he allegedly played in the incident in issue and law is settled by now that such identification parade is not only illegal but also not proper beside being unsafe and it loses its value and cannot be relied upon--Test identification parade during which present appellant was allegedly indentified by eye-witnesses does not advance case of prosecution--Even identification parade is not a substantive piece of evidence and it only corroborates ocular version and in instant case, it does not corroborate ocular version at all due to above stated reasons. Pakistan Penal Code 1860 (XLV of 1860)-- ----S. 302(b)/397/324/337-F(iii)--Conviction and sentence--Challenge to¬-Acquittal of--Benefit of doubt--Postmortem conducted with a delay of 15 hours with no explanation--Medical evidence only verified injury and not corroborated version of prosecution--There is no independent corroboration at all available qua their veracity and truthfulness--As prosecution was duty bound to prove its case against accused beyond reasonable doubt by producing cogent, trustworthy and reliable…

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