Law: Criminal Procedure Code (V of 1898)

Section: 87,161,204,417,512

Law: Pakistan Penal Code, 1860

Section: 302,307

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 417--Pakistan Penal Code, (XLV of 1860), S. 302--Appeal against acquittal--Dismissal of--Prosecution has relied upon ocular account furnished by purported eyewitness--His statement was got recorded as PW, during trial of accused u/S. 512, Cr.P.C.--Since at time of trial of accused, he had died, therefore, his statement was transposed--Testimony of PW, is in line with story mentioned in FIR, however, site-plan and medical evidence negate same--Neither any crime empty nor any blood have been shown recovered from spot despite fact that according to post-mortem report cause of death of deceased is profuse bleeding--As per medico legal report, deceased then injured had been shown received in hospital at aforesaid time of report--Presence of deceased then injured at same time on two different places is quite astonishing--Not only facts that who brought deceased to hospital and who accompanied him to Police Station, are shrouded in mysteries, but scriber of FIR has also failed to note down a single word in FIR that deceased was conscious and perceiving surroundings at time of making report--Medico legal report of deceased is also silent about factum of his orientation in time and space and his capability to make statement--For believing a dying declaration, inter alia, one of essential ingredient is that prosecution shall establish through cogent evidence that dying man was in full senses, conscious and alert to surroundings, was fully oriented in space and time and was able to make a coherent statement and doctor present at occasion shall give a fitness certificate about condition of a dying man--The incident has not taken place in mode and manner as alleged by prosecution, rather in some other mode, which on face of record, is shrouded in mystery--Accused earns presumption of double innocence which cannot be disturbed--Appeal against acquittal is dismissed. Dying declaration-- ----Criminal justice--It is universal principle of criminal justice that dying declaration by itself is not strong evidence being not tested by way of cross-examination. Criminal administration of Justice-- ----Principle--Benefit of…

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