Law: Pakistan Penal Code, 1860

Section: 201,302,449

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

Section: 22

Law: Criminal Procedure Code (V of 1898)

Section: 161,164,173,342,374,382B,544A

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 201 & 449---Qatl-i-amd, causing disappearance of evidence of offence, giving false information to screen defenders, house-trespass in order to commit offence punishable with death---Appreciation of evidence---Accused was charged for committing murder of the deceased after trespassing the house and caused disappearance of cell phone of co-accused/wife of the deceased---Record showed that it was not disputed that accused was closely known to the deceased and his family members---Investigating Officer recorded the statement of co-accused's daughter, soon after commission of the offence---Plain reading of the said statement unambiguously showed that daughter of deceased had named accused and had also narrated the facts which were later reiterated by her when she entered the witness box as a witness---Said statement was consistent with her testimony as witness and there was no reason for said witness to have falsely implicated her mother and accused---Moreover, the statement recorded under S. 161, Cr.P.C. was of significance because it was a spontaneous narration of the facts as they took place on the night of the occurrence which had led to the murder of her father---Consistent stance and confidence inspiring deposition of said witness left no doubt that she had truly narrated the events without being influenced or tutored---No plausible explanation was found for falsely involving her mother---Investigating Officer could not have ignored the crucial statement made by said witness on the day when he had commenced investigation---Co-accused had voluntarily opted to record her confessional statement and it was obvious from the record that she had approached the Investigating Officer and, thereafter, was given sufficient time to reflect---Deposition of daughter of deceased was corroborated by other unimpeachable, credible and trustworthy evidence---Circumstances established that testimony of daughter of deceased was consistent, reliable and trustworthy, appeared to be intelligent and did not suffer from any disability to justify discarding her testimony---Co-accused had recorded her statement under S. 164, Cr.P.C. and…

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