Law: Criminal Procedure Code (V of 1898)

Section: 54,342

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

Section: 2(c),71,132

Law: Pakistan Penal Code, 1860

Section: 34,302,302(b)

(a) Criminal trial--- ----Medical evidence---Scope---Medical evidence may help in ascertaining cause of death but it does not identify culprits. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-Amd---Appreciation of evidence---Confessional statement--- Retraction--- Effect---Incriminating evidence, non-putting to accused---Accused, after recovery of dead body of deceased was put to trial on the basis of his confessional statement made before Magistrate---Accused retracted his confession during his examination under S.342, Cr.P.C.---Confessional statement was neither true nor was voluntary and such type of confession could not be used for awarding conviction especially in a capital case without the strongest of corroboration which was lacking---Piece of evidence which was not put to accused in statement under S.342, Cr.P.C. could not be used against him nor on such point could the case be remanded to Trial Court for recording statement under S.342, Cr.P.C. afresh so that the prosecution could fill in the lacunas in its case---High Court set aside conviction and sentence awarded to accused and he was acquitted of the charge---Appeal was allowed in circumstances. Syed Sharifuddin Pirzada v. Sohbat Khan and 3 others PLD 1972 SC 363; Majeed v. The State 2010 SCMR 55; Muhammad Amin v. The State PLD 2006 SC 219; Shahzado v. The State PLD 2005 SC 477; The State through A.G. N.W.F.P. Peshawar v. Waqar Ahmed 1992 SCMR 950; Manjeet Singh v. The State PLD 2006 SC 30 and Sain Gul Wali Khan v. The State 2003 PCr.LJ 1264 ref. Muhammad Shah v. The State 2010 SCMR 1009; Nusrat Ali Shar and others v. The State Cr. Appeals Nos.24-K, 25-K and 26-K of 2018, Imtiaz alias Taj v. The State 2018 SCMR 344; Qadan and others v. The State 2017 SCMR 148 and Mst. Anwar Begum v. Akhtar Hussain alias Kaka and 2 others 2017 SCMR 1710 rel. (c) Criminal trial--- ----Benefit of doubt---Principle---For giving benefit of doubt, it is not necessary that there should be many circumstances creating doubts---If there is a single circumstance which creates reasonable doubt in a prudent mind about guilt of accused, then accused is entitled to benefit of…

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