Law: Pakistan Penal Code, 1860

Section: 302,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 382B,544A

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Benefit of doubt--No poison was detected and as at time of occurrence age of convict/appellant was about 14 years and was a student of 7th class whereas deceased age was 50 years well built having good health; hence, in these circumstances, it is not possible that a boy of 7th class could press throat of a well built with good health lady because when deceased was not under influence of any poison or narcotics, she could resist to assailant especially when he is a chap of aging 14 years--From postmortem report, she received seven injuries and when she was not under influence of poison; or narcotics, she must awoke up and straggle to rescue her life and resist assailant--When from bed sheet of deceased and other facts narrated in FIR, inspection notes at time of visit of Investigating Officer to place of occurrence and statement of Investigating Officer in this respect, it is not established that any resistance or struggle appears to be caused by deceased; hence, possibility could not be ruled out that either accused was a young man having strong body who could occupy a well built lady i.e. deceased or there were more than one accused--From postmortem all injuries have not been mentioned in pictorial diagram and even in other number of cases High Court has observed that perhaps medico legal or postmortem are being conducted by some unexperienced doctors alternately damaging to prosecution case--Considering it a serious issue a committee is constituted to be headed by (i) Registrar, Lahore High Court and it shall include (ii) Secretary, Specialized Healthcare & Medical Education Department, Govt. of Punjab, (iii) Secretary Primary & Secondary Healthcare, (iv) Prosecutor General, Punjab and (v) Director General District Judiciary as its members--Registrar shall convene meeting--This committee shall chalk out training program of doctors at Divisional Headquarters where Government Colleges are available having department of Forensic--This Committee may opt any other person as its member--Whole quantum, of my analytical examination of evidence reveals that presence…

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