Law: Pakistan Penal Code, 1860

Section: 109,302,302(b),364

Law: Criminal Procedure Code (V of 1898)

Section: 173,340(2),342,382B

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

Section: 39

Pakistan Penal Code, 1860 (XLV of 1860) ----Ss. 302(b)/364/109--Conviction and sentence--Challenge to--Qatl-e-Amd--Confession in police custody--Contradiction in medical evidence--Recovery of dead body from a blind well--Recovery of articles not from any hidden place-Appreciation of Evidence--Benefit of doubt--Acquittal of--Appellant had abducted to deprive him from mobile phone and cash amount--Complainant got recorded his statement and reported incident against appellant--Later on, his father, was also nominated through a supplementary statement being abettor of occurrence--Appellant was statedly a friend of deceased, who took deceased away from his shop--On his disclosure, I.O. got recovered dead body of deceased, then lying in a blind well followed by recovery of "Pakka" brick with which he inflicted various blows on body of deceased--Prosecution connecting appellant in form of last seen, recovery and confession--Injuries were caused by a sharp edged weapon--Cause of death was an injury, also an incised wound-Recovery of article cannot be termed as discovery, when it was not recovered from any hidden place and if in normal course, investigating officer/ agency was able to see it and take in possession without any statement of accused for pointing it out--No case of abduction within ambit of section 364, PPC could be therefore, made out against appellant and as such, conviction recorded under section 364 PPC cannot be sustained--Prosecution case suffers from certain infirmities/ illegalities on basis whereof, conviction/ punishment recorded against appellant is not sustainable--Appeal allowed. 2010 SCMR 1604; 1995 SCMR 1350, ref. Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 39--Article 39 of Qanun-e-Shahadat, confession by accused of his guilt under custody of police which is not made in presence of Magistrate, in absence of any strong corroborative piece of evidence is of no legal value. Medical evidence-- ----Medical evidence may confirm seat and time of injuries but cannot connect accused with crime in absence of any other direct or corroborative evidence. THIS JUDGMENT DELIVERED BY: SARDAR AHMED NAEEM, JUSTICE---.--- Muhammad Asghar (appellant)…

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