Law: Pakistan Penal Code, 1860

Section: 337-G,427

Law: Criminal Procedure Code (V of 1898)

Section: 232,342,382B

(a) Penal Code (XLV of 1860)--- ----S. 337-G---Hurt by rash or negligent driving---Appreciation of evidence---Benefit of doubt---Prosecution case against accused, a van driver, was that he rashly drove the van into a tractor trolley---Trial Court convicted the accused person---Validity---Trial Court failed to frame the charge in accordance with the contents of FIR as well as the manner in which the incident occurred--- No one had reported that van was being driven rashly when it hit the tractor trolley, which was standing in the middle of the highway---Question as to whether the van was travelling within speed limit was not brought on record---Trial Court failed to consider whether driver of tractor trolley took precaution to sideline it away from the main road; whether trolley was laden extraordinarily; whether its driver had valid license or not and that had the trolley not been parked on the road the incident would not have taken place---Driver of trolley was put in Column No. 2 and was let off without any deposition---Driver of trolley had neither produced his original license nor original papers/documents of tractor trolley before Trial Court---Prosecution was obligated to prove its case beyond reasonable doubt against the accused---Prosecution failed to prove its case against the accused beyond reasonable doubt---High Court, while extending benefit of doubt, acquitted the accused from the charge, in circumstances. Tariq Pervez v. The State 1995 SCMR 1345 rel. (b) Criminal trial--- ----Benefit of doubt---Even a single doubt and not a combination of several doubts if found reasonable, would entitle the accused person to acquittal. Hashim Qasim v. State (Criminal Appeals Nos.115 and 116 of 2013) and Riaz Masih alias Mithoo v. The State 1995 SCMR 1730 ref. THIS JUDGMENT DELIVERED BY: ZULFIQAR AHMED KHAN, J.--- Through instant Criminal Appeal, appellant Anwar has impugned the judgment dated 30.01.2015, passed by learned 1st Additional Sessions Judge, Badin. In terms of the said judgment, the appellant was convicted and sentenced to undergo rigorous imprisonment for a period of (07) years and to pay diyat amount equivalent to Rs.21,000,00/- to the legal heirs…

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