Law: Pakistan Penal Code, 1860

Section: 365-B

Law: Criminal Procedure Code (V of 1898)

Section: 173,265-K,342,382B

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

Section: 47

(a) Penal Code (XLV of 1860)--- ----S. 365-B---Qanun-e-Shahadat (10 of 1984), Art. 47---Kidnapping, abducting or inducing woman to compel for marriage---Appreciation of evidence---Benefit of doubt---Transposition of statement in subsequent trial---Effect---Prosecution case was that accused with co-accused persons abducted the wife of complainant along with his two minor daughters---Record showed that during the course of trial of the accused, alleged abductee being star witness of the case was not examined by the Trial Court---Accused was convicted on the basis of evidence of complainant and his two witnesses---Co-accused was arrested by the police later, and he joined the trial but during course of trial, the alleged abductee was examined by the Trial Court---Alleged abductee in her evidence did not implicate any of the accused cited in the FIR including the present accused---Alleged abductee had denied her abduction or detention by anybody and also deposed that she had contracted freewill marriage at her own with co-accused---Trial Court, in view of the statement of abductee, acquitted the co-accused persons under S.265-K, Cr.P.C.---By virtue of Art. 47 of Qanun-e-Shahadat , 1984, evidence given by a witness in a judicial proceeding or before any person authorized by law to take it, was relevant for the purpose of proving in a subsequent judicial proceeding or in a later stage of the same judicial proceeding---Alleged abductee having appeared before the Trial Court and in her evidence, did not implicate any of the accused including the present accused as nominated in the FIR by complainant, alleged abductee had also denied her abduction or detention by anybody and further deposed about her freewill marriage with co-accused on her own, as such the prosecution had failed to bring home the guilt against the accused beyond any reasonable doubt---Appeal was allowed and accused was acquitted by setting aside conviction and sentence recorded by the Trial Court accordingly. (b) Criminal trial--- ----Benefit of doubt---Principle---If a single circumstance created reasonable doubt in a prudent mind, its benefit was to be extended in favour of the accused not as a…

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