Law: Pakistan Penal Code, 1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Qatl-e-amd--Benefit of doubt--Ocular account--No convincing or plausible reason was mentioned in FIR or stated before trial Court for this inordinate delay in reporting crime to police, rather complainant admitted during cross examination that he submitted his complaint to SHO P.S--Civil Lines for registration of case on 26th October, 2014--This delay in setting machinery of law in motion speaks volumes against veracity of prosecution version--As far as medical evidence is concerned, same may confirm ocular account with regard to receipt of injury, locale of injury, kind of weapon used for causing injury, duration between injury and death but it would not tell name of assailants--Held: It is, by now well established principle of law that it is prosecution, which has to prove its case against accused by standing on its own legs and it cannot take any benefit from weaknesses of case of defence--In instant case, prosecution remained failed to, discharge its responsibility of proving case against appellant.[Pp. 862 863] A, B C 2009 SCMR 230. Benefit of doubt-- ----It is also well established that if there is a single circumstance which creates doubt regarding prosecution case, same is sufficient to give benefit of doubt to accused, whereas, instant case is replete with number of circumstances which have created serious doubt about prosecution story.[P. 863] D 2009 SCMR 230. Ms. Amra Salam Babar, Advocate/Defence Counsel for Appellant. Mr. Ali Hassan, Addl. Prosecutor General for State. Complainant in Person. Date of Hearing: 25.10.2021. JUDGMENT Sikandar (appellant) was tried by the learned Addl. Sessions Judge, Sialkot in case FIR No. 465 dated 26.10.2014 offence under Section 302, PPC, registered at Police Station Civil Lines District Sialkot for the murder of Tanvir Hussain, prisoner (deceased). Vide judgment dated 27.02.2016 passed by the learned trial Court, the appellant has been convicted under Section 302(b), PPC and sentenced to imprisonment for life, with a further direction to pay Rs. 1,00,000/-as compensation under Section 544-A, Code of Criminal Procedure,…

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