Law: Pakistan Penal Code, 1860

Section: 302/364/34

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/364/34--Last seen evidence--Identification parade--Benefit of doubt--Acquittal of--No formal identification parade has been held for the identification of the appellants by this witness--Identification of the appellants in police custody at Police Station with complainant by this PW is not free from doubt rather it is an unsuccessful effort to crate illegal evidence against the appellants--Co-accused came there and made extra judicial confession regarding the present occurrence involving the appellants which evidence has been disbelieved to her extent and she has been acquitted, same evidence of alleged extra judicial confession is not believable to the extent of appellants--House of recovery belongs to appellant and it is also not mentioned in recovery memo that car was got recovered from the house of the appellant. Owner of the house has also not been produced--PW while claiming himself to be the eye-witness of the occurrence--Name of this witness as eye-witness has not been mentioned in the FIR. His conduct; after occurrence went back to his home without reporting the matter to anyone including police is un-natural and shatters his credibility--Got recovered 30-bore pistol from under construction house after digging soil from the Baithak of the house--Considering the peculiar circumstances of this case, above said recoveries are not believable--Considering the peculiar circumstances of this case, above said recoveries are not believable--Possibility of manufacturing of the crime empties before their dispatch to the concerned laboratory cannot be ruled out--Appeal allowed.[Pp. 282, 283 284] A, B, C, D, E, F G Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/364/34--Last seen evidence--Last seen evidence in absence of independent corroborative piece of evidence is not believable. [P. 282] A PLJ 2008 SC 687 ref. Khawaja Qaisar Butt, Advocate for Appellants. Mr. Muhammad Shahzad Mehdi, Advocate for Complainant. Syed Nadeem Haider Rizvi, DDPP for State. hearing date: 7.9.2021. JUDGMENT Sadaqat Ali Khan, J.s (Muhammad Tayyab and Azhar) along with their co-accused i.e. Mst. Gulshad Bibi (since acquitted)…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492