Law: Pakistan Penal Code, 1860

Section: 376-A

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 376-A--Conviction and sentence--Challenge to--Prosecution claims that real brother of victim, is also an eye witness but position is otherwise for reason that according to his own statement, he did not see occurrence and when he arrived at crime scene, episode was over and disclosed to him by his brother Shahid Sharif--Although pictures retrieved from mobile phone have lost legal value thereof, but for sake of complete justice have also examined same--All pictures are so blur that it is difficult to identify any person--However, in two pictures only it can be seen that one person is committing sodomy with another and passive also appears to be calm and cool--Four days’ delay in medical examination again is a destructive point to prosecution in particular when DNA reports (PS and PT) are negative as according to expert no seminal material was detected on tested evidence--In legal proceeding, there are two basics burdens called ‘the legal burden’ and ‘the evidential burden’--The ‘legal burden’ is obligation on a party to prove what it has alleged--In criminal proceedings, it is prosecution who has legal burden of proving all elements of offence or offences and certainly beyond reasonable doubt--Whether prosecution is successful or at defeating end while discharging said duty, it is to be decided by Court at end of trial--The ultimate and only outcome of discussions, deliberations and analyses made above is that prosecution had badly failed to prove its case beyond reasonable doubt against all appellants. [Pp. 248, 249, 253, 254 255] A, G, H, I K Chance witness-- ----Principle--Under settled principles of law statement of a Chance Witness requires scrutiny with great care and caution and can be accepted only if he gives satisfactory explanation of his presence at or near place of occurrence at relevant time otherwise his testimony is liable to be rejected straightaway. [P. 249] B 1978 SCMR 114. Solitary witness-- ----Testimony of--Is a case of sole witness. No doubt that testimony of solitary witness can be accepted by following principles of quality and not quantity and can be a foundation for conviction alone but…

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