Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 324, 337-F(ii), 337-F(vi), 504, 114 & 34---Attempt to commit qatl-i-amd, causing badi'ah, munaqqillah, intentional insult with intent to provoke breach of peace, abettor present when offence is committed, common intention---Appreciation of evidence---Benefit of doubt---Prosecution case was that the accused and co-accused persons, duly armed with pistol and lathies, emerged on the spot and assaulted on the complainant party, made firing, which hit the brother of the complainant on his left leg below the knee---All the accused persons, thereafter, had given lathi blows as well kicks and fists blows to the complainant party---Prosecution had alleged that brother of complainant received injury on his left leg and the witnesses of ocular account stuck to such allegation---Medical evidence furnished by Medical Officer showed that the injured received injury on right leg, hence the medical evidence did not corroborate the ocular version---Prosecution never attempted to justify such material dent---Presumption, in such situation, could be that the complainant was not the witness of incident---Circumstances established that prosecution did not succeed in proving its case beyond reasonable doubt, benefit of which would resolve in favour of accused---Accused was acquitted in circumstances by setting aside conviction and sentence recorded by the Trial Court. (b) Penal Code (XLV of 1860)--- ----Ss. 324, 337-F(ii), 337-F(vi), 504, 114 & 34---Attempt to commit qatl-i-amd, causing badi'ah, munaqqillah, intentional insult with intent to provoke breach of peace, abettor present when offence is committed, common intention---Appreciation of evidence---Medical evidence---Scope---Prosecution could seek corroboration to ocular account through medical evidence with regard to receipt of the injuries nature of the injuries, kind of weapons used in the occurrence, but medical evidence did not identify the real culprit. Ghulam Qadir v. State 2008 SCMR 1221 rel. (c) Criminal trial--- ----Administration of justice---Prosecution would not be entitled for conviction unless the ocular account was established beyond any reasonable doubt and any…

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