Law: Pakistan Penal Code, 1860

Section: 279,320

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

Section: 22

Law: Criminal Procedure Code (V of 1898)

Section: 161,169,340(2),342

(a) Penal Code (XLV of 1860)--- ----Ss. 320 & 279---Qatl-i-Khata, rash driving on public way---Appreciation of evidence---Appeal against acquittal---Prosecution case was that accused-respondent, driver of oil tanker, had collided with Frontier Constabulary Post, resultantly, five persons died at the spot, the official vehicle and official weapons were damaged and driver and conductor fled away from the scene---Prosecution, in order to establish the charge had produced nine witnesses, which were not consistent and confidence-inspiring---Complainant of the case mostly reiterated the contents of his fard-e-bayan---Evidence of said witness was not helpful to the case of prosecution for the reasons that he himself had not witnessed the crime rather at the time of alleged occurrence he was 80 kms. away from the place of occurrence and received information through wireless set---Entire statement of said witness was silent to the effect as to who had told him the story of the incident in such a sequence---Admittedly, the statement of said witness was hearsay and the same was only to the extent of setting criminal machinery into motion---Statements of both the alleged eye-witnesses were contradictory with each other on certain counts---Both the witnesses had unanimously brought on record that they witnessed the crime directly---Both the said witnesses had admitted in their cross-examination that their statements under S. 161, Cr.P.C. were recorded after delay of 13-days of the incident, though they were very much present in the area---Admission of both the prosecution witnesses depicted the complete failure of the Investigating Officer to record the statements of both the said witnesses immediately---No explanation was available on the record as to why such statements were delayed for 13-days and till that the accused-appellant had voluntarily surrendered him before the police---No solid or concrete evidence was available against the accused/respondent connecting him with the commission of alleged offence---Trial Court after proper appreciation of evidence in its true perspective had rightly acquitted the accused-respondent of the charge---Appeal was dismissed…

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