Law: Pakistan Penal Code, 1860

Section: 109,148,149,302

Law: Criminal Procedure Code (V of 1898)

Section: 161,173,340(2),342,382B,544A

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/109/148/149--Conviction and Sentence--Challenge to--Qatl-e-Amd--Joint extra-judicial confession--Last seen evidence--Appre-ciation of evidence--Benefit of doubt--Acquittal of--Prosecution relies on the motive, the last seen evidence, extra-judicial confession, the medical evidence and recovery of pistol--Appellant and one deceased lady were members of an organized group, engaged in human trafficking--Deceased learnt about it and left the house and started living with her brother--Appellant followed her and after giving false explanations to his in-laws brought her back and killed the both--PWs did not have any personal knowledge that the appellant was involved in illicit human trade--Their testimony is essentially based on the statement of deceased which is not supported by any direct or indirect evidence--PW has not mentioned the precise date and time when he came across the appellant--PW is a chance witness and has failed to explain his presence at the diesel sale point at the relevant time--the Appellant was previously not known to PW--PW identified him about 3/4 months after his first sight. It is improbable to recognize a previously unknown person after such a long time when one had had only his fleeting glimpse--PW did not join the investigation and during cross-examination contradicted himself in material particulars--Testimony of a witness whose statement has not been recorded during the investigation is not credible--Appellant made extra-judicial confession before PW, who was a cousin of another PW--Appellant and his co-accused, jointly made the alleged confession which is inadmissible--Said witness was a chance witness and failed to justify his presence there at the relevant time--It does not appeal to a prudent mind that a person would talk so loudly about his crime that the people may hear him in the street--PW did not see the Appellant's face and recognized him by voice--The evidence must be of a quality to be incompatible with the innocence of the accused. Any missing link in the chain would destroy the entire prosecution case--Trial Court has acquitted co-accused on the same…

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