Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 366-A, 376(2), 379 & 34---Qatl-i-amd, procuration of minor girl, committed rape by two persons in furtherance of common intention, theft, common intention---Appreciation of evidence---Benefit of doubt---Circumstantial evidence---Prosecution case was that accused and co-accused after enticing away daughter of complainant, committed rape with her and murdered---Evidence of Wajtakkar produced by the prosecution witness stated that he and witness, since given up, had seen accused persons while going on a motorcycle towards a Nala along with a sack of jute and at that time they were in perplexed condition---Witnesses suspected that there was a dead body of daughter of complainant in the said sack and the same was thrown in the Nala by the accused persons---Said witnesses informed the complainant about seeing of the accused persons after two days---No plausible explanation on the record as to why the witness remained quite for two days and did not inform the complainant---Said witness was close relative of the complainant and his silence about the incident for a long time cast doubt about the veracity of the prosecution case---Circumstances established that the prosecution case was doubtful in nature, benefit of which would resolve in favour of accused not as a matter of grace but as of right. Altaf Hussain v. Fakhar Hussain and another 2008 SCMR 1103; Muhammad Hussain v. The State 2011 SCMR 1127; Ibrahim and others v. The State 2009 SCMR 407 and Sh. Muhammad Amjad v. The State PLD 2003 SC 704 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 366-A, 376(2), 379 & 34---Qatl-i-amd, procuration of minor girl, committed rape by two persons in furtherance of common intention, theft, common intention---Appreciation of evidence---Benefit of doubt---Extra-judicial confession---Scope---Prosecution case was that accused and co-accused after enticing away daughter of complainant, committed rape with her and murdered---Allegedly, accused persons had made extra judicial confession before the prosecution witnesses including father of deceased---Said extra judicial confession was not reliable as the same was a joint…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492