Law: Pakistan Penal Code, 1860

Section: 34,302(b),364,367A

Law: Criminal Procedure Code (V of 1898)

Section: 161,340(2),342,382B,410

Pakistan Penal Code 1860 (XLV of 1860)-- ----Ss. 302(b)/367-A/364 & 34--Conviction and sentence of death as well as compensation--Challenge to--Allegations of sodomy and murder, even hidden dead body in a house of Green valley phase-II, recovery of dead body of deceased--Report of DNA and medical evidence analysis--Material contradiction in deposition of prosecution witnesses creates doubt in their veracity with reasonable degree of certainty that they are telling a lie before Court--In legal parlance evidentiary value of joint extra judicial confession as well as joint recovery is next to nothing being disapproved by August Supreme Court of Pakistan in plethora of s--Material contradiction in deposition of prosecution witnesses--It was blind murder and none had seen appellant and his co-accused while strangulating deceased--Doctor appeared in witness box, had verified homicidal death of deceased--Legality and authenticity of DNA analysis report could not be taken as conclusive proof rather it shall be read in support of ocular account--Held: Prosecution has miserably failed to bring home guilt of appellant beyond shadow of reasonable doubt--Evidence of last seen has no legs to stand when has been discarded being not believable--Complainant lodged FIR at instance of S and Q, and in consequence thereof, appellant and his co-accused were arrested in this case but testimony of both aforesaid witnesses has already been discarded being a brunch of lies--Appeal was allowed. Pakistan Penal Code 1860 (XLV of 1860)-- ----Ss. 302(b)/367-A/364 & 34--Conviction and sentence--Challenge to--Circumstantial evidence--Material contradiction in deposition of prosecution evidence--Held, In cases of circumstantial evidence, there always remains chance of fabrication, therefore, Courts are required to take extra care and caution and examine case narrowly and if co-existing circumstances destroy inference with regard to accused guilt, same cannot be relied upon--In nutshell, appeal was allowed, conviction and sentence was not only set aside but accused was also acquitted of charge. 2011 SCMR 1673, 2016 SCMR 274, 2017 SCMR 986, Rel. THIS JUDGMENT DELIVERED BY: ASJAD JAVAID…

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