Law: Penal Code (XLV of 1860)

Section: 302,34,109,202

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 34, 109, 202---Qatl-i-amd, common intention, abetment, intentional omission to give information of offence by person bound to inform---Reappraisal of evidence---No specific date, time and place where the conspiracy was hatched had been mentioned in the crime report---Name and number of witnesses to that extent also did not find mention in the crime report---Although three prosecution witnesses were subsequently brought into picture by the prosecution in support of its case but their testimonies also did not reveal any exact date and time when the conspiracy was hatched---Prosecution presented voice messages from the Whatsapp chat of the co-accused persons and the principal accused, however the transcript of the messages showed that the same did not constitute any offence---Appeal was allowed and the accused persons were acquitted of the charge. (b) Penal Code (XLV of 1860)--- ----S. 109---Abetment---Scope---Essence of crime of abetment is that the abettor should substantially assist the principal culprit towards commission of offence---Concurrence in the criminal acts of another without such participation therein does not per se become culpable---Mere negligence in an act also does not bring a person within the purview of the offence of abetment. (c) Penal Code (XLV of 1860)--- ----S. 302---Qatl-i-amd---Benefit of doubt---Scope---Any doubt arising in prosecution case is to be resolved in favour of the accused---For the accused to be afforded the right of the benefit of the doubt, it is not necessary that there should be many circumstances creating uncertainty and if there is only one doubt, the benefit of the same must go to the accused. Mst. Asia Bibi v. The State PLD 2019 SC 64; Tariq Pervaiz v. The State 1995 SCMR 1345; Ayub Masih v. The State PLD 2002 SC 1048 and Abdul Jabbar v. State 2019 SCMR 129 ref. JUDGMENT CRIMINAL APPEAL NO. 39-K OF 2022 SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Appellants Mst. Hajira and Mst. Shaina Hameed were tried by the learned Additional Sessions Judge, Karachi, pursuant to a case registered vide FIR No. 72/2019 under sections 302/201/202/109/34, P.P.C. at Police Station Tamoria, Karachi.…

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