Law: Pakistan Penal Code, 1860

Section: 34,302,302(b),365-B,376

Law: Criminal Procedure Code (V of 1898)

Section: 161,164,173,340(2),342,374,544A

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129(g)

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 365-B & 376---Qanun-e-Shahadat (10 of 1984), Art. 129, Illus. (g)---Qatl-i-Amd, kidnapping and rape---Appreciation of evidence---Medical evidence---Benefit of doubt---Accused was charged for committing murder, rape and kidnapping---Trial Court variously sentenced accused, maximum being death sentence but acquitted him for charge of rape---Validity---Site-plans revealed that occurrence had not taken place on road as claimed by eye-witnesses but had rather taken place in cotton crop and blood-stained earth as well as crime empty was also taken into possession from said cotton crop---Investigating officer admitted during cross-examination that when he reached place of occurrence, dead body of deceased was lying in cotton crop and it was taken into possession from said cotton crop---Investigating officer, at the time of visit of place of occurrence had not found any motorcycle as being under use of said three eye-witnesses at the spot---Such motorcycle under use of three eye-witnesses was neither produced before investigating officer nor before Trial Court---Deceased was real brother of complainant and cousin of prosecution witnesses but they neither identified dead body of deceased at time of post-mortem examination nor they were mentioned as being present near the dead body at time of preparation of inquest report---Statements made by such eye-witnesses failed to receive any independent corroboration or support and witnesses had failed to prove their presence at spot at time of occurrence---High Court set aside conviction and sentence awarded by Trial Court and accused was acquitted of the charge---Appeal was allowed in circumstances. Muhammad Rafiq v. State 2014 SCMR 1698; Nasrullah alias Nasro v. The State 2017 SCMR 724; Gulfam and another v. The State 2017 SCMR 1189; Muhammad Javed v. The State 2016 SCMR 2021; Hashim Qasim and another v. The State 2017 SCMR 986 and Muhammad Akram v. The State 2009 SCMR 230 ref. (b) Criminal trial--- ----Chance witness--- Scope--- Chance witness, in legal sense, is the one who claims to be present at the place of occurrence at the time of occurrence though his presence there was a…

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