Law: Pakistan Penal Code, 1860

Section: 302(B),34,353,337-F(i),337-F(ii),337-F(i ii),337-F(iv),337-L(2)

Law: Anti Terrorism Act, 1997

Section: 7(a),7(c)

Conviction-- ----Foundation of--Disbelieve witness--It is an established proposition of law laid down in catena of decisions of apex Court that where same set of witnesses was disbelieved qua number of accused persons implicated in case, it cannot be made foundation of conviction of rest of accused persons in absence of strong and independent corroboration, which, afraid, is conspicuously missing in this case. [P. 104] A 2019 SCMR 274. Witness-- ----It is an established proposition of criminal law that merely injuries on person of a witness cannot stamp him a truthful and reliable witness. [P. 105] B 2021 SCMR 662. Testimony of Witness-- ----It is settled that where a witness makes dishonest improvements in his statement before Court, his testimony is not worthy of reliance in absence of strong and independent corroboration, which is noticeably lacking in instant case--Aforementioned witness, who made dishonest improvements in his statement while deposing on oath, is not worthy of reliance/credence. [P. 106] C PLD 2021 SC 600 PLD 1963 (W.P.) Karachi 805. Contents of Crime Report-- ----If contents of crime report are evaluated, it reflects that when police party conducted raid at residence of accused, they took positions in bunkers--Though trial Court wrongly mentioned word ‘trenches’ but bare reading of crime report reflects that accused made firing from ‘bunkers’--Bunker is a protective embankment covered from top and sides--It does not appeal to reason that accused persons making firing from it were seen by police officials--In light of aforementioned discussion--Entire ocular account supporting prosecution case is full of doubts, unreliable and not worthy of reliance especially in a case carrying capital punishment and conviction cannot be based upon it. [P. 107] D Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b), 324, 353, 337-F(i), 337-F(iii), 337-F(iv), 337-L(2)--Anti-Terrorism Act, (XXVII of 1997), Ss. 7(a) 7(c)--Murder reference--Conviction and sentence--Challenge to--Benefit of doubt--Qatl-e-amd--Recover of weapon--Medical evidence--Biased investigation--Right to fair trial--Testimony of witness--There is no cavil to this proposition that…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492