Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Delayed FIR---Chance witness---Un-natural conduct---Scope---Accused was alleged to have thrown the deceased in a canal within the presence of later’s mother and uncle---First Information Report was lodged with a delay of eleven hours and five minutes---Presence of witnesses on the spot at the relevant time was doubtful in nature because had they been present on the spot they would have tried to rescue the deceased or to catch hold of the accused---Story cooked up by the prosecution was improbable and did not appeal to a prudent mind---Complainant (mother of deceased) was a chance witness---No convincing or plausible reason was assigned by her for her presence at the place of occurrence---No motive was set out in the FIR or stated before the Trial Court---During the course of investigation, nothing was recovered at the instance of the accused---Appeal was allowed, conviction and sentence awarded to the accused was set aside and he was acquitted to the charge, in circumstances. (b) Criminal trial--- ----Witness---Chance witness---Scope---Testimony of a chance witness ordinarily is not accepted unless justifiable reasons are shown to establish his presence at the crime scene at the relevant time---Presumption under the law would operate about his absence from the crime spot---Testimony of a chance witness may be relied upon, provided some convincing explanations appealing to a prudent mind for his presence at the crime spot are put forth, when the occurrence took place otherwise his testimony would fall within the category of suspect evidence and cannot be accepted without a pinch of salt. Mst. Sughra Begum and another v. Qaiser Pervez and others 2015 SCMR 1142 and Muhammad Javed v. The State 2016 SCMR 2021 ref. (c) Criminal trial--- ----Duty of prosecution---Scope---Prosecution has to prove its case against the accused by standing on its own legs and it cannot take any benefit from the weaknesses of the case of the defence. (d) Criminal trial--- ----Benefit of doubt---Scope---Single circumstance creating doubt regarding the prosecution is sufficient to give…

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