Law: Penal Code (XLV of 1860)

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 397---Qanun-e-Shahadat (10 of 1984), Art. 129, Illustration (g)---Qatl-i-amd and robbery or dacoity with attempt to cause death or grievous hurt---Appreciation of evidence---Complainant not an eye-witness---Best evidence, withholding of---Presumption---Accused was convicted by Trial Court for committing robbery with causing death and was sentenced to imprisonment for ten years---Validity---Complainant was not eye-witness of the occurrence and no eye-witness was cited in FIR---Subsequently, complainant introduced an eye-witness through his supplementary statement---Such kind of witness nominated later on through supplementary statement was made for the purpose to strengthen case of prosecution at the behest of police or some other ulterior motives---Such aspect was enough to shatter credibility of such witness---Material witnesses of secure and safe custody as well as safe transmission of crime weapon to Forensic Science Laboratory were not produced, which was a clear violation of provision of Art. 129, Illustration (g) of Qanun-e-Shahadat, 1984---Prosecution failed to establish charge against accused as the evidence was suffering from infirmities and there existed sufficient doubts in the case of the prosecution---Trial Court failed to extend benefit of doubts to the accused and of Trial Court was suffering from misreading and non-appreciation of evidence available on record---High Court set aside conviction and sentence awarded by Trial Court and accused was acquitted of the charge---Appeal was allowed accordingly. Muhammad Kamran v. The State 2021 SCMR 479; Mst. Sughra Begum and another v. Qaiser Pervaiz and others 2015 SCMR 1142; Naveed Asghar and 2 others v. The State PLD 2021 SC 600; Mir Zaman and 5 others v. The State and others 2012 SCMR 580 and Muhammad Shah Khesro and another v. The State and others 2006 PCr.LJ 606 rel. (b) Criminal trial--- ----Recovery of crime weapon---Proof---When chains of circumstantial evidence from safe and secure custody of case property till its safe transmission to forensic science laboratory are missing, then safe custody and transmission are not probable---Positive report of…

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