Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 382B

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

Section: 121

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Qanun-e-Shahadat Order, (10 of 1984), Art. 121--Qatl-i-amd--Presumption of appellant's guilt--Acquittal of co-accused--Appreciation of Evidence--Benefit of doubt--Acquittal of--Appellant was indicted for committing qatl-i-amd of deceased/his better half, structured on the statement of deceased's brother--Deceased being strangulated by the appellant with the assistance of co-accused--Homicidal death is not in dispute--Appellant not denied his presence, however, these factors cannot hypothesize presumption of appellant's guilt--Silence or implausible explanation cannot equate with failure within the contemplation of Article 121 of Qanun-e-Shahadat Order 1984--Role assigned to the acquitted co-accused is inexorably intertwined with appellant's alleged participation in the crime--Conviction set aside--Appeal allowed. Administration of Justice-- ----It would be grievously unsafe to convict suspects on presumptions or upon failure to establish their innocence--Possibilities are infinite and don not necessarily include the guilt alone--A criminal case is to be essentially decision dated: the basis of evidence adduced by the prosecution. Administration of Justice-- ----Suspicions cannot substitute the legal proof and or a suspect can be condemned on the basis of moral satisfaction in the absence of evidentiary certainty. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J.- Muhammad Pervaiz, appellant is in receipt of a guilty verdict; he was indicted for committing qatl-e-amd of Kausar Bibi, no other than his better half; it is affirmed by the learned High Court vide impugned judgment dated 7.10.2013 vires whereof are being challenged through leave of the Court. 2. Prosecution case is structured on the statement of deceased's brother, Muhammad Arshad, PW; according to him, the marriage was on the rocks as the bride failed to bring dowry to the expectation of her in laws. Upon a message by the deceased, Muhammad Arshad, PW along with Mehmood, PW visited the former to take her back, however, upon threats by the appellant they preferred to stay overnight when in midst…

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