Law: Pakistan Penal Code, 1860

Section: 302

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302--Suspect--Article 68 of the Qanun-e-Shahadat Order, 1984--Conviction and Sentence--Challenge to--Appreciation of evidence--Acquittal of--The appellant was arrayed as suspect--Autopsy was conducted; fracture of hyoid bone suggested asphyxial death--Prosecution’s bid to frame the appellant as a suspect in the crime on his questionable credentials is hit by Article 68 of the Qanun-e-Shahadat Order, 1984 and as such by itself does not advance its case--Allegation that the appellant forcibly committed rape upon the deceased stands negated by medical evidence leaving no apparent motive for him in the field to take on the deceased--Constricted legs reflecting onslaught of rigor mortis negates the hypothesis of witnesses’ arrival within the timeframe, suggested in the crime report--An assailant actuated by carnal designs is not expected to bring a hammer with him to accomplish the task; web of circumstances, each mind boggling, heavily intrigue upon the integrity of prosecution case, unmistakably found fraught with doubts--Appeal was allowed. JUDGMENT Qazi Muhammad Amin Ahmed, J.- Ziarat Be Jan, 60, was spotted lying dead on a cot inside her home by her sister-in-law Zubaida Bibi (PW-1) and Safeena Bibi (PW-12), residents next door; as they approached the deceased, the appellant was seen, hurriedly leaving the room; the witnesses were joined by Zafar Iqbal (PW-2), Muhammad Sheezan and Muhammad Ayyaz who attempted to intercept the appellant albeit with no success; the deceased was lying without her loincloth with multiple injuries on her face with blood coming out of the nostrils as well as the mouth; the legs were disentangled with constriction; she was suspected to have been done to death with some blunt weapon. The deceased was survived by five sons, statedly married. Looked down in the neighbourhood, the appellant was arrayed as suspect. Autopsy was conducted at 11:00 p.m; fracture of hyoid bone suggested asphyxial death; blood was visible in the nasal, oral and vaginal cavities; walls, ribs, cartilages and trachea were fractured; upon dissection, the medical officer noted a bruise 5 x 3 cm on the parietal bone;…

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