Law: Pakistan Penal Code, 1860

Section: 324,337A(i),337A(ii),337-F(i),337-F(ii), 337-F(iv)

Law: Criminal Procedure Code (V of 1898)

Section: 439

(a) Penal Code (XLV of 1860)--- ----Ss. 324, 337-A(i), 337-A(ii), 337-F(i), 337-F(ii) & 337-F(iv)---Attempt to commit qatl-e-amd, shajjah-i- khafifah, shajjah-i-mudihah, ghayr-jaifah-damiyah, ghayr-jaifah-badiah, ghayr-jaifah-mudihah---Re-appraisal of evidence --- Accused was alleged to have inflicted several knife blows to his class-fellow/victim and her minor sister---Trial Court convicted and sentenced the accused to seven years imprisonment which was reduced to five years by the Appellate Court---High Court allowed the revision petition filed by the accused and set-aside all his convictions and sentences---Held, that incident in issue had taken place in broad daylight and at a place which was thickly populated and was buzzing with activity at the relevant time---First Information Report (FIR) in respect of the said incident had been lodged with sufficient promptitude and the medical examination of the injured victims had also been conducted without loss of time---Ocular account of the said occurrence had been furnished before the Trial Court by three eye-witnesses namely the complainant (driver of the victims) , and the victims themselves---Victims had the stamp of injuries on their bodies vouchsafing their presence at the scene of the crime at the relevant time---Victims had consistently pointed their accusing fingers towards the accused as the sole perpetrator of the alleged offences and ostensibly they had no earthly reason to falsely implicate him in a case of present nature or to substitute him for the actual culprit---One of the victims and the accused were class fellows and it had consistently been suggested by the defence that the said victim and accused used to regularly socialize together, thus, there was hardly any question of the said victim not recognizing the accused as the sole culprit in an occurrence taking place in broad daylight and at a populated place---Medical evidence had provided sufficient support to the ocular account furnished by the eye-witnesses and the Trial Court as well as the Appellate court had found the evidence produced by the prosecution to be worthy of implicit reliance---Supreme Court set aside the of the High Court…

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