Law: Pakistan Penal Code, 1860

Section: 202,302(b),365

Law: Criminal Procedure Code (V of 1898)

Section: 340(2),342,544A

(a) Criminal trial--- ----Extra-judicial confessions--- Pre-requisites--- Proof--- Fundamental requirement of law is that extra-judicial confessions must be proved by evidence of a very high and unimpeachable character---For extra-judicial confession to be treated as relevant evidence it is requirement of law that it should not only be made but should also be truthful. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 365---Qatl-i-amd and robbery---Appreciation of evidence---Extra-judicial confession---Recovery of dead body---Proof---Four accused persons faced trial out of whom two were acquitted and two were convicted and sentenced by Trial court to death and imprisonment for life---No memo of recovery of dead body was on record and there was nothing to ascertain whether dead body was recovered on joint pointing of accused persons or by witnesses themselves---Non-preparation of recovery memo of dead body created doubt in case of prosecution---Place from where dead body was recovered was easily accessible by people from locality but even at time of preparation of memo of pointation no person from locality was associated with proceedings in order to verify the same---No motive was mentioned at the time of recording of oral statement by complainant---Evidence of prosecution witnesses regarding extra-judicial confession by both the accused persons was also disbelieved---Evidence of motive could not be considered and prosecution failed to prove any motive to commit the occurrence---High Court set aside sentence and conviction awarded to accused persons by Trial Court and acquitted them of the charge---Appeal was allowed accordingly. Abdul Mateen v. Sahib Khan and others PLD 2006 SC 538 ref. (c) Criminal Trial--- ----Benefit of doubt---Principle---For giving benefit of doubt it is not necessary that there should be so many circumstances rather if only a single circumstance creating reasonable doubt in mind of a prudent man is available then such benefit is to be extended to an accused not as a matter of concession but as of right. Muhammad Akram v. The State 2009 SCMR 230 rel. THIS JUDGMENT DELIVERED BY: SADIQ MAHMUD KHURRAM, J.--- Asghar Ali son of Khushi Muhammad…

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