Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd--- Appreciation of evidence---Postmortem, delay in---Effect---Interested witnesses---Complainant lodged FIR at spot of occurrence against accused persons for committing qatl-i-amd of deceased---Present was a case of delayed postmortem which casted serious doubts that FIR was recorded with promptitude---Inference could be drawn that intervening period was consumed in fabricating prosecution story after preliminary investigation---No justification existed for conducting postmortem examination on next day instead of conducting it on the same night when dead body of deceased was received in hospital---Chance witness was one who in normal course was not supposed to be present on crime spot unless he could offer cogent, convincing and believable explanation justifying his presence there---Both witnesses showed no work or definitive purpose to visit crime spot therefore, their presence on crime spot was not believable and their testimony was liable to be rejected---Many loopholes/lacunas were observed which not only made presence of eye-witnesses doubtful at crime spot at relevant time but also raised an eyebrow on story of prosecution---High Court set aside conviction and sentence awarded to accused and acquitted him of charge as prosecution failed to prove its case against accused beyond reasonable doubt---Appeal was allowed, in circumstances. Mst. Nazia Anwar v. The State and others 2018 SCMR 911; Muhammad Rafique alias Feeqa v. The State 2019 SCMR 1068; Ulfat Hussain v. The State 2018 SCMR 313; Muhammad Yaseen v. Muhammad Afzal and another 2018 SCMR 1549; Mst. Rukhsana Begum and others v. Sajjad and others 2017 SCMR 596 and Qaddan and others v. The State 2017 SCMR 148 ref. (b) Criminal trial--- ----Benefit of doubt---Principle---Once a single loophole is observed in case presented by prosecution much less glaring conflict in ocular account and medical evidence or where presence of eye-witnesses is not free from doubt, benefit of such loophole/lacuna in prosecution case automatically goes in favor of accused. Abdul Jabbar and another v. The State 2019 SCMR 129 rel. (c) Medical jurisprudence---…

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