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

Section: 122

Law: Pakistan Penal Code, 1860

Section: 302(B)

Delay in Post-mortem-- ----It has been repeatedly held by august Supreme Court of Pakistan that such delay in post mortem examination is reflective of absence of witnesses and sole purpose of causing such delay is to procure presence of witnesses and to further advance a false narrative to involve any person. [P. 70] A 2012 SCMR 327. Strangulation-- ----Definition of--Strangulation has been defined as compression of neck by a force other than hanging and when constriction is produced by pressure of fingers and palms upon throat, it is called as throttling--It has been further noted that if fingers are used for throttling, marks of pressure by thumb and finger prints are found on either side of neck. [P. 73] B Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 117--Burden of proof--On a conceptual plain, Article 117 of Qanun-e-Shahadat, 1984 enshrines foundational principle of our criminal justice system, whereby accused is presumed to be innocent unless proved otherwise--Accordingly, burden is placed on prosecution to prove beyond doubt guilt of accused which burden can never be shifted to accused, unless legislature by express terms commands otherwise--It is only when prosecution is able to discharge burden of proof by establishing elements of offence, which are sufficient to bring home guilt of accused then, burden is shifted upon accused, inter alia, under Article 122 of Qanun-e-Shahadat, 1984, to produce evidence of facts, which are especially in his exclusive knowledge, and practically impossible for prosecution to prove, to avoid conviction. [P. 76] C Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 122--Burden of proving fact especially within knowledge--Article 122 of Qanun-e-Shahadat, 1984 comes into play only when prosecution has proved guilt of accused by producing sufficient evidence, except facts referred in Article 122 Qanun-e-Shahadat, 1984, leading to inescapable conclusion that offence was committed by accused--Then, burden is on accused not to prove his innocence, but only to produce evidence enough to create doubts in prosecution’s case--It may be noted that this issue was also dilated upon by august Supreme Court of Pakistan. [P. 76] D…

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