Law: Penal Code (XLV of 1860)

Section: 302(b),404,34

Law: Criminal Procedure Code (V of 1898)

Section: 417(2-A)

(a) Criminal trial--- ----Dishonest improvement made by the witness---Scope---When a witness improves his version to strengthen the prosecution case, his improved statement cannot be relied upon as the witness has improved his statement dishonestly, therefore his credibility becomes doubtful on the well-known principle of criminal jurisprudence that improvements once found deliberate and dishonest cast serious doubt on the veracity of such a witness. Farman Ahmad v. Muhammad Inayat and others 2007 SCMR 1825 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 404 454---Criminal Procedure Code (V of 1898), S. 417(2-A)--- Qatl-i-amd, dishonest misappropriation of property possessed by deceased person at the time of his death, lurking house tress-pass or house breaking in order to commit offence punishable with imprisonment---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Call Data Record, availability of---Accused was charged for committing murder of wife and daughter of the complainant---During investigation, from Call Data Record (CDR) it surfaced that the accused was using mobile phone of the complainant by installing his own SIM in it, therefore, he was arrested---Prosecution had not mentioned any number of mobile phone of the complainant which was allegedly recovered from the accused---Complainant stated in his cross-examination that out of four mobile phones, highlighted by him in his examination-in-chief, one was in use of his son, the other was in the use of his daughter and the remaining two mobile sets were not in use of anyone---Prosecution failed to produce any tangible evidence regarding the ownership of mobile phone, so recovered from the accused---Similarly, the names of the marginal witnesses of the recovery memo in that regard, did not figure in the list of witnesses and likewise they could not have been highlighted in the relevant calendar followed by having not been produced before the Court---Circumstances established that the prosecution failed to prove its case against the accused beyond any shadow of doubt---Appeal against acquittal was dismissed, in circumstances. (c) Penal Code (XLV of 1860)--- ----Ss. 302(b),…

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