Law: Qanun-e-Shahadat (10 of 1984)

Section: 129(g),22

Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 129(g)--- Withholding of evidence--- Criminal trial---Presumption--- If any party withholds the best piece of evidence, it can be presumed that such party has some sinister motive behind it. Lal Khan v. The State 2006 SCMR 1846 and Muhammad Rafiq and others v. The State 2010 SCMR 385 rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 22---Identification parade---Object---Accused not known previously---Effect---If complainant does not know accused prior to occurrence and not familiar to him, then how can he identify accused without holding identification parade. Asghar Ali alias Sabah and others v. The State and others 1992 SCMR 2088 and Mursal Kazmi alias Qamar Shah and another v. The State 2009 SCMR 1410 rel. (c) Criminal trial--- ----Medical evidence---Object---Medical evidence may confirm ocular account with regard to seat of injuries and its duration, nature of injuries and kind of weapon used for causing such injuries but it cannot connect accused with commission of crime. Muhammad Tasaveer v. Hafiz Zulqurnain and 2 others PLD 2009 SC 53; Ghulam Mustafa and another v. The State 2009 SCMR 916; Mursal Kazmi alias Qamar Shah and another v. The State 2009 SCMR 1410; Khalid alias Khalidi and 2 others v. The State 2012 SCMR 327 and Sajjan Solangi v. The State 2019 SCMR 872 rel. (d) Criminal trial--- ----Motive---Scope---Once motive is established by prosecution, then it has to be proved otherwise adverse inference would be drawn. Noor Muhammad v. The State and another 2010 SCMR 97; Sardar Bibi and another v. Munir Ahmed and others 2017 SCMR 344 and Manzoor Ahmed Shah and others v. The State and others 2019 SCMR 2000 rel. (e) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Crime empties and weapon of offence, sending together for analysis---Accused was convicted by Trial Court for committing Qatl-i-amd and was sentenced to imprisonment for life---Validity---Accused after his arrest got recovered weapon of offence on the same day---Weapon and crime empties were sent to Forensic Science Laboratory after arrest of accused---Although report of Forensic Science…

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