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

Section: 2(4),132(2)

Law: Constitution of Pakistan, 1973

Section: 203DD

Law: Pakistan Penal Code, 1860

Section: 379

Law: Criminal Procedure Code (V of 1898)

Section: 417

Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----S. 132(2)--Cross-examination--Principle--It is well settled principle of law that opportunity to cross-examine contemplated by law must be real, fair and reasonable as cross-examination is not an empty formality but a valuable right conferred by statute, more particularly, under Section 132(2) of Qanun-e-Shahadat Order, 1984 and best method for ascertaining truth from mouth of a witness. Right of Cross-examination-- ----Right of cross-examination has immemorial been held to be particularly in criminal cases a valuable right to accused which cannot be brushed aside as it is a weapon which an accused person or an advocate on his behalf can wield for purpose of test veracity of statement made by a witness. Cross-Examination-- ----Purpose of--Obviously, purpose of cross-examination is to assist Court in bringing truth to light by disclosing and clarifying matters which a witness could suppress or conceal either due to bitter acrimonious relations/animosity or for sake of greediness, etc. Cross-examination of prosecution witnesses reproduced supra, creates reasonable doubt in a prudent mind about guilt of accused which cannot be termed misreading of evidence amounting to miscarriage of justice. Proposition of Law-- ----It is now settled proposition of law that appellate Court cannot frequently interfere with acquittal merely because reappraisal of evidence it comes to conclusion different from that of trial Court--Presumption of innocence of accused after acquittal is double. 2017 SCMR 1710, ref. Benefit of Doubt-- ----Proposition of Law--It is now settled proposition of law that a single circumstance creates a reasonable doubt in a prudent mind about guilt of accused; entitle accused to such benefit not as a matter of grace but as a matter of right. Qanoon-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 2(4)--Article 2(4) of Qanoon-e-Shahadat Order, 1984 containing conclusive duty upon prosecution to prove its case beyond any shadow of doubt--Admittedly, conviction cannot be based on high probabilities and suspicion cannot take place of proof, therefore, no legal sanctity is attached to FIR lodged after inordinate…

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