Law: Pakistan Penal Code, 1860

Section: 302,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 382B

Law: Qanun-e-Shahadat (10 of 1984)

Section: 71

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Present case was registered after father of the deceased allegedly sent information to the concerned Station House Officer (SHO)/police witness on a mobile phone that his accused son had murdered his deceased daughter under the allegation of 'Kari'---Said police witness was examined as a witness and his whole statement was based upon the information allegedly passed to him by the father of the deceased and the accused---Police witness also did not mention the cell phone number from which he received the information upon which the FIR was chalked out---Other witness also did not receive the information about the crime himself and it was told to him by the police witness---Admittedly, the father was never produced by the prosecution nor he was summoned as a witness to confirm the assertion made by the two witnesses---Conviction and sentence of accused was set aside in circumstances and he was acquitted of the charge---Jail petition was converted into an appeal and the same was allowed accordingly. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 71---Qatl-i-amd--- Reappraisal of evidence---Hearsay evidence--- Such evidence could not be made basis of a conviction. (c) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence---Extra-judicial confession before police---Such confession was inadmissible in evidence. (d) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence-- Recovery of weapon and crime empties on alleged pointation of accused---Weapon was not sent to the forensic expert for comparison or to determine whether it was in working condition or not---In the absence of any positive report of Forensic Science Laboratory, the recovery of the weapon was inconsequential---Allegedly, weapon was recovered from some bushes on pointation of accused, however the place was accessible to everyone---Furthermore private persons were also present in the area as admitted by the witness but only police officials were made witness of the said recovery---Conviction and sentence of accused was set aside…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492