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

Section: 39

Law: Criminal Procedure Code (V of 1898)

Section: 544A

Law: Penal Code (XLV of 1860)

Section: 173,201,302,302(b),311,374,376,338C

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Benefit of doubt--Neck of lady was cut with a sharp edged weapon--Murdered in her room--Sentence--Challenge to--Delay in post-mortem--No direct evidence--Unseen incident--Benefit of doubt--Acquitted--Prosecution could not prove its case against appellant beyond any shadow of doubt--It is, by now well established principle of law that it is prosecution, which has to prove its case against accused by standing on its own legs and it cannot take any benefit from weaknesses of case of defence in instant case, prosecution remained failed to discharge its responsibility of proving case against appellant--Held: It is also well established that if there is a single circumstance which creates doubt regarding prosecution case, same is sufficient to give benefit of doubt to accused, whereas, instant case is replete with number of circumstances which have created serious I doubt about prosecution story--Appeal was allowed. 2011 SCMR 1190 and 2009 SCMR 230. Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 39--Pakistan Penal Code, (XLV of 1860), Ss. 302, 201, 311--Confession under custody of police--Non-production of accused before Magistrate--Validity--Question of--Whether evidence which has been disbelieved qua acquitted co-accused--Determination--Whole prosecution case is only based on confession of appellant allegedly made by him before police and complainant party at time of his arrest--Underiably, under Article 39 of Qanun-e-Shahadat, confession by accused of his guilt under custody of police is inadmissible in evidence--Appellant was not produced before Area Magistrate soon after his arrest for recording his judicial confession--Role played by appellant in incident in issue had not been disclosed or alleged by prosecution through independent evidence as to under what circumstances deceased had been done to death. Suspicion-- ----Benefit of doubt--Law is settled by now that suspicion howsoever grave or strong can never be a proper substitute for proof beyond reasonable doubt required in a criminal case. 2016 SCMR 1019 and 2016 SCMR 1617. Medical Evidence-- ----Medical…

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