Law: Penal Code (XLV of 1860)

Section: 302(b),364,201

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 364 201---kidnapping or abduction in order to murder, causing disappearance of evidence of offence, or giving false information to screen offender---Appreciation of evidence---Benefit of doubt---Lat seen evidence---Scope---Accused was charged for committing murder of the son of complainant after kidnapping him---Record showed that the prosecution had produced complainant and his brother to prove the last seen evidence---Real brother of complainant had not been able to give any plausible reasoning qua his presence in the house of complainant---Both the said witnesses had not made any effort to inform the police till the recovery of dead body of deceased---Such conduct of said witnesses showed that they had cooked up a false story---Even otherwise, the police had exonerated co-accused in the case---In the corollary of such facts, said witnesses were not trustworthy and confidence inspiring---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances. (b) Criminal trial--- ----Last seen evidence---Scope---Last seen evidence was always considered to be a week type of evidence, unless corroborated by some other independent piece of evidence. Altaf Hussain v. Fakhar Hussain and another 2008 SCMR 1103 rel. (c) Penal Code (XLV of 1860)--- ----Ss. 302(b), 364 201---kidnapping or abduction in order to murder, causing disappearance of evidence of offence or giving false information to screen offender---Appreciation of evidence---Benefit of doubt---Wajtakkar evidence---Scope---Accused was charged for committing murder of the son of complainant after kidnapping him---Prosecution had attempted to prove the case through wajtahhar evidence from the mouth of a witness who stated that he along with other witness had seen the accused and deceased coming out from the sugarcane crops and they both were disturbed and in perplexed condition---Said witness was neighbourer of complainant and he had made dishonest improvements in his statement---Said witness had failed to point out the name of owner of sugarcane crop from…

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