Law: Pakistan Penal Code, 1860

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Appreciation of evidence--- Benefit of doubt---Complainant and other eye-witness, who were real brothers of the deceased, admitted that accused was neither available at the place of incident nor they saw him armed with rifle, firing at their brother/deceased---Said witnesses were declared hostile and were cross-examined; but prosecution could not extract anything from their mouth to connect accused with the commission of offence---Incident had taken place during broad hours of the day in presence of inmate/wife at the house of the deceased, but neither any of the inmate/wife of the deceased was enquired about the incident during course of investigation nor they were produced before the Trial Court for recording their statements to corroborate the prosecution story---Contradictory statements of the eye-witnesses coupled with material improbabilities had impaired the transparency of their ocular testimony which itself was sufficient to demolish the whole case of prosecution---Mashir in the case, who produced mashirnama of place of incident and recovery of empties, admitted that the cartridges were not sealed at the spot---When the entire recovery had been refuted by the mashir, even if effected in his presence; would carry no weight---Forensic Science Laboratory's report produced by State Counsel by way of statement was also of no consequence---Said piece of evidence, would not strengthen the prosecution case, which rendered it highly doubtful---Prosecution had failed to prove its case against accused beyond reasonable doubt---Trial Court had not evaluated the evidence in its true perspective and reached to an erroneous conclusion by holding accused guilty of the offence---Conviction and sentence awarded to accused were set aside and he was acquitted of the charge by extending him benefit of doubt. (b) Criminal trial--- ----Direct evidence---Scope---Direct evidence, was always material to decide a fact---Failure of direct evidence, was sufficient to hold a criminal charge as not proved, but where the direct evidence would remain in the field with test of its being natural and confidence inspiring,…

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