Law: Penal Code (XLV of 1860)

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 154

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Petition for leave to appeal challenging acquittal---Complainant and witnesses named in FIR not appearing before the court---Conviction based on substituted witnesses---Complainant conveniently left the scene without even once appearing before the Court; same was the case with other witnesses (named in the FIR) that included deceaseds aunt---Replacement of the witnesses named in the FIR with those, lacking reference therein, inevitably tremored the whole prosecution case, as such transposition reasonably hypothesized their absence at the scene---Explanations furnished by the substituted set of witnesses found no support from the record as statement of one of the substituted witnesses, i.e. the deceaseds mother, was contradicted both by the Investigating Officer as well as the site plan of the crime scene---In the absence of confidence inspiring evidence, the accused could not have been convicted and sentenced merely on the strength of moral certainty regarding his guilt---High Court had rightly acquitted the accused --- Petition for leave to appeal was dismissed and leave was refused. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Criminal Procedure Code (V of 1898), S. 154---Qatl-i-amd---Witnesses named in FIR substituted with other witnesses not named therein---Effect---First Information Report was not an encyclopedia of prosecutions case, nonetheless, it did contain certain details that served as its mainstay---Witnesses were the most prominent part of those details as their testimonies provided evidentiary certainty regarding the guilt of an offender---Replacement of the witnesses previously named in the crime report with those, lacking reference therein, would inevitably tremor the whole edifice as such transposition reasonably hypothesized their absence at the scene. ORDER QAZI MUHAMMAD AMIN AHMED, J.--- Falak Naz, 15, was shot dead at 10:45 a.m. on 28.7.2007 within the precincts of Police Station Dargai Malakand; the incident was reported by her cousin Muhammad Shakil; he blamed Noor Zaman respondent, an aspirant for her hand, to have committed the murder to avenge…

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