Law: Pakistan Penal Code, 1860

Section: 302(b)/392/34

Pakistan Penal Code, 1860 (XLV of 1860) ----Ss. 302(b)/392/34--Identification parade--Chance witness--Recovery--Expert report--Benefit of doubt--Heinous nature of crime should not blur eyes of justice--Cases are to be decided on basis of evidence and evidence alone and not on basis of sentiments and emotions--Testimony of chance witness requires cautious scrutiny and is not accepted unless he gives satisfactory explanation of his presence at or near place of occurrence at relevant time--In absence of reports of Chemical Examiner and Serologist on these facts, assertion of investigating officer as to use of said motorcycle in commission of crime carries no legal worth--Three daughters would have been best persons to identify gold ornaments-- names and particulars of those persons who had brought mobile phones were not mentioned in case dairy-- recovery proceedings were not seen by any person from public other than said witnesses to recovery--It is quite astonishing that both recovery witnesses were close relatives of complainant reached police station at time when investigating officer planned to make a raid for arrest of accused persons and also when accused persons were ready to cooperate for making recoveries during investigation--Court disbelieved alleged recovery of blood-stained weapon of offence, i.e. a chaff cutter (Toka), made after about one month of occurrence--When substantive evidence fails to connect accused person with commission of offence or is disbelieved, corroborative evidence is of no help--Recovery of a blood-stained knife, alleged weapon of offence, insufficient for conviction on excluding testimony of alleged eyewitness from consideration and finding occurrence as an unseen one--It was necessary for investigating officer to get conducted test identification proceedings as to identification of petitioners--It was a serious failure in performance of his duty to conduct investigation of case diligently and efficiently--Mere conjectures and probabilities cannot take place of proof--If a case is decided merely on high probabilities regarding existence or non-existence of a fact to prove guilt of a person, golden rule of giving “benefit of…

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