Law: Pakistan Penal Code, 1860

Section: 148,149,302,337A(i),337-F(i),337-F(v),33 7-L(2),452

Law: Criminal Procedure Code (V of 1898)

Section: 161,410

(a) Penal Code (XLV of 1860)--- ----Ss. 452, 337-A(i), 337-F(i), 337-F(v), 337-L(2), 148 & 149---Criminal Procedure Code (V of 1898), S. 161---House-trespass after preparation for hurt, assault or wrongful restraint, shajjah-i-khafifah, shajjah-i-mudihah, ghayr-jaifah, hashimah, rioting, armed with deadly weapon, common object---Appreciation of evidence---Benefit of doubt--- Dishonest improvements---Delayed statement--- Recovery of commonplace articles---Acquittal of co-accused having similar role---Scope---Prosecution case was that the complainant party was present in their house when the accused party trespassed into their house and attacked them---Complainant had deviated from her cross-version and had introduced new facts in her examination-in-chief---One of the eye-witnesses had stated that she had joined investigation after two/three months of the incident---Statement of another eye-witness under S.161, Cr.P.C. was recorded after four/five days of the incident---Sotas allegedly recovered from the accused were commonplace articles and were not blood-stained--- Complainant had nominated nine persons in the cross-version but the trial court had acquitted five of them on the same evidence on which it had convicted the accused persons---Trial court could not have done so as there was no independent corroboration---Prosecution had failed to prove the charge against the accused beyond doubt---Appeal was allowed. Irfan Ali v. The State 2015 SCMR 840; Shahbaz v. The State 2016 SCMR 1763 and Muhammad Asif v. The State 2017 SCMR 486 ref. Ghulam Sikandar v. Mamaraz Khan PLD 1985 SC 11; Munawar Ali v. The State PLD 1993 SC 251 and Akhtar Ali and others v. The State 2008 SCMR 6 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 161---Examination of witnesses by police---Delayed statement---Scope---Delay in recording statement under S.161, Cr.P.C. impinges on the credibility of the witness. Syed Saeed Muhammad Shah and another v. The State 1993 SCMR 550; Abdul Khaliq v. The State 1996 SCMR 1553 and Muhammad Khan v. Maula Bakhsh and another 1998 SCMR 570 ref. (c) Criminal trial--- ----Witness---Injured witness---Scope---Injuries on a prosecution witness only…

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