Law: Penal Code (XLV of 1860)

Section: 302(b),109,148,149

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b), 109, 148 149--Sentence--Challenge to--Chance witnesses--Ocular account--Medical evidence--Court have considered all pros and cons of this case and have come to this irresistible conclusion that prosecution could not prove its case against appellant beyond any shadow of doubt--Held: It is, by now well established principle of law that it is prosecution, which has to prove its case against accused by standing on its own legs and it cannot take any benefit from weaknesses of case of defence--In instant case, prosecution remained failed to discharge its responsibility of proving case against appellant--Further held: It is also well established that if there is a single circumstance which creates doubt regarding prosecution case, same is sufficient to give benefit of doubt to accused, whereas, instant case is replete with number of circumstances which have created serious doubt about prosecution story--Appeal was allowed. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b), 109, 148 149--Sentence--Challenge…

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