Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Substitution---Scope---Accused was charged for committing murder of the son of complainant by firing---First Information Report revealed that occurrence had taken place which had been reported on the same day at 08:35 p.m., in emergency room of hospital by father of deceased, wherein he had directly and singularly charged accused for murder of the deceased with firearm--- Accused was directly and singularly charged for murder of the deceased and substitution of accused in such like cases was a rare phenomenon. Dr. Israr ul Haq v. Muhammad Fayyaz and another 2007 SCMR 1427 rel. (b) Criminal trial--- ----Benefit of doubt--- Conviction--- Principles--- For recording conviction strong and corroborative evidence of unimpeachable character is required and that findings of guilt against accused must not be based on probabilities to be inferred from evidence, rather must rest surely and firmly on the evidence of unimpeachable character, otherwise, the golden rule of benefit of doubt will be reduced to naught. (c) Criminal trial--- ----Witness---Presence of eye-witnesses at the spot---Scope---Witness who claimed to be the eye-witness of the occurrence must prove his presence at the spot at the time of occurrence and would satisfy mind of the Court qua his presence through some physical circumstances or corroborative evidence. Mst. Sughra Begum and another v. Qaisar Pervez and others 2015 SCMR 1142 rel. (d) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Appreciation of evidence--- Presence of complainant at the spot at the time of occurrence was doubtful---Chance witness---Scope---Accused was charged for committing murder of the son of complainant by firing---Ocular account of the incident had been furnished by the complainant/father of the deceased being eye-witness---On reappraisal of the testimony of complainant, it could be held that complainant was not present at the time of occurrence, as such was a procured witness---Complainant had not furnished any explanation, much less plausible, about his presence at the spot along with his brother at the time of…

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