Law: Pakistan Penal Code, 1860

Section: 302/148/149

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/148/149--Qatl-i-amd--Circumstantial evidence--Acquittal of--Some of the foreign jurisdictions, on the question of circumstantial evidence and principles thereon--Courts have to be very careful and critical while appreciating the circumstantial evidence--Accused while appearing before PW’s made confession that they committed the murder--But during trial, both these witnesses were not produced and given up by the prosecution on the reason that they were won over by the accused--Complainant came to know about the incident of previous night, again the challenge shall remain that why the police was not informed immediately--Prosecution cannot come out of another test that why, immediately after the recovery of dead body from same gutter where they had seen the accused, they did not disclose it to complainant--Serious contradictions about the meeting of appellant with the witnesses, information to police and arrival of the investigating officer at crime scene are serious in nature hence cannot be overlooked--The post-mortem examination of deceased was conducted and was delayed--The accused shall be entitled for benefit of doubt, not as a matter of grace but as a matter of right--Acquit--Appeal allowed. [Pp. 628, 629, 630, 631, 632 633] C, D, E, F, G, H I 2012 SCMR 327; 2017 SCMR 724; 2011 SCMR 941 ref. Circumstantial evidence-- ----Circumstantial evidence--Alqar’in--Alqar’in is the plural of Alqariinah--Alqariinah which literally means connection, conjunction relation, presumption, inference or indication--In the language of the law, the word “Alqariinah” refers to something which surrounds an event and serves as a sign for the existence or non existence of something--Thus, circumstantial evidence and “Alqariinah” are both synonymous and refer to circumstances surrounding an event from which an inference can be drawn for existence or non existence of the issue under investigation--Circumstantial evidence, what the principles are till now settled by the apex Court.[Pp. 624 626] A B PLD 2021 SC 600; PLD 1986 SC 690; 2017 SCMR 986; 2017 SCMR 2026; 1969 SCMR 388; PLD 1970 SC 56; 1972 SCMR 15; 2011 SCMR 1127; 2015 SCMR…

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