Law: Pakistan Penal Code, 1860

Section: 302/337-A(ii)/337-A(i)/337-F(i)/148/149

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302 / 337-A(ii) / 337-A(i) / 337-F(vi)/337-F(i)/148/149--Conviction and sentence--Acquittal of co-accused--Difference in venue of occurrence--Belated recording of FIR--Conflict in between evidence of ocular account--Benefit of doubt--Venue of occurrence as per the contents and even examination of the witness is utterly in contradiction with the contents of scaled and un-scaled site-plan--Belated recording of the FIR would give rise to strong presumption that was drafted after due consultation and deliberations by assigning specific roles to the six accused persons including a woman accused with some ulterior motives and design--PW gave photographic narration of the injuries said to have been caused by each accused and same in ordinary course of nature was not possible--Possibility of narration of sequence of the incident given by complainant being tutored, cannot be ruled out--PW was discharged by the hospital but he did not move any application for registration of case--All three witnesses of ocular account seem to have concealed the facts and happenings--Evidence of witnesses of ocular account cannot be considered as trustworthy and confidence inspiring--Conflict in between evidence of ocular account and medical evidence in fact has caused a serious dent to the prosecution evidence--Motive part has already been disbelieved by the trial court--When ocular account as discussed in preceding paragraphs is not worthy of credit, reliance cannot be placed on recoveries which are only corroborative in natures are acquitted. [Pp. 1054, 1055, 1056, 1057, 1058 1059] A, B, C, D, E, F, G, H, K L 2021 SCMR 873; 2015 SCMR 840 ref. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/337-A(ii)/ 337-A(i)/ 337-F(vi)/ 337-F(i)/148/149--Acquittal of co-accused--Both the acquittal co-accused were attributed specific roles in the occurrence and evidence against them was same but trial court proceeded to acquit them--Such eye-witness could not be relied upon for the purpose of convicting another accused without independent corroboration.[P. 1058] I 2020 SCMR 319; 2015 SCMR 1142; 2008 SCMR 6 ref. Pakistan Penal Code, 1860 (XLV of…

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