Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 510

Crl. A. No. 47011-J M.R. No. 159 of 2019, heard on 20.2.2023. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Murder reference--Qatl-e-amd--Conviction and sentence--Challenge to--No explanation is coming forward as to why complainant had not informed police about incident soon after incident--The inordinate delay of about two hours and thirty minutes from time of commission of offence remained unexplained and rendered whole of prosecution version doubtful--Moreover, looking at material contradictions and omissions, that prosecution has withheld true genesis of occurrence--Prosecution has failed to bring home charges framed against appellant--Court find it unsafe to rely upon such witnesses’ evidence to base accused’s conviction--There can, thus be no dispute that it was incumbent upon prosecution to produce members of PFSA team who have collected crime empties and prepared separate parcels in order to prove chain of safe custody--Without such proof, report of PFSA cannot corroborate case of prosecution--Prosecution has failed to establish its case--The truth was seen buried under debris, and a different story was structured perhaps to lug appellant into trial under serious offense--It is often said “that Fouler crime higher decree of proof” Court have gone through process of keen examination of entire material and found compelling reasons, as stated above, to disagree with conclusion reached, recorded by Additional Sessions Judge and also found that prosecution has miserably failed to prove guilt of accused-appellant beyond a reasonable doubt--As per dictates of law benefit of every doubt is to be extended in favor of accused. [Pp. 566, 569 573] A, D E Criminal Procedure Code, 1898 (V of 1898)-- ----S. 510--Report of chemical examiner, serologist etc.-- Besides, a bare reading of Section 510, Cr.P.C., a report of an expert is per se admissible without examination of expert--It would be appropriate to quote Section 510 of Criminal Procedure Code-- A bare reading of this Section makes it abundantly clear that reports of Chemical Examiner or Assistant Chemical Examiner to Government [or of Chief Chemist of Pakistan Security Printing Corporation, Limited]…

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