Law: Pakistan Penal Code, 1860

Section: 302(b),449

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 449---Qatl-i-amd, house-trespass in order to commit offence punishable with death---Reappraisal of evidence---Benefit of doubt---Complainant party alleged that the accused murdered their sister on her refusal to give her hand in marriage to the accused---Accused contended that the family of deceased itself was responsible for her murder due to her ill virtues and her legated property---Held, that prosecution claimed that deceased was a virgin, however, autopsy findings suggested a carnal encounter not long before she met homicidal death---In such circumstances it was difficult to dismiss the contentions raised by the accused in his defence---Similarly, going by the motive alleged in the crime report, the family members who rescinded the proposal were more apt targets than the deceased---By extending the benefit of the doubt to the accused, appeal was allowed, and his conviction and sentence was set aside. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 449---Qatl-i-amd, house-trespass in order to commit offence punishable with death---Reappraisal of evidence---Autopsy report---Rigor mortis---Occurrence statedly took place at 10.00 a.m. whereas the autopsy was conducted at 5.00 p.m.---Development of complete rigor mortis on the body of the deceased young lady in hot weather, belied point of time of assault given in the crime report---Appeal was allowed, and conviction and sentence awarded to accused were set aside. (c) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 449---Qatl-i-amd, house-trespass in order to commit offence punishable with death---Reappraisal of evidence---Recovery of weapon and crime empties---Dispatch of casing/crime empty for forensic analysis, a day before accused's arrest was a suspect circumstance---Appeal was allowed, and conviction and sentence awarded to accused were set aside. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J.--- Shehnaz Begum, statedly, betrothed with Noor Ahmad, appellant was done to death inside the safety of her home by the latter, in the wake of family's refusal to tie the knot. It is alleged that on the fateful day at about 10.00 a.m. the appellant…

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