Law: Penal Code (XLV of 1860)

Section: 302(b),34

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention--- Appreciation of evidence---Last seen evidence---Doubtful---Accused was charged for committing murder of the sister of complainant and her daughter---According to statement of eye-witness, he had seen the accused throwing a girl in canal (allegedly nice of complainant) on 30.03.2016, when he was going with Mr. "A", son of nephew of deceased and cousin of minor deceased---Astonishingly, such episode of throwing a girl in canal was not mentioned in the crime report because it was an admitted fact that Mr. "A" lived with his father---Statement of nephew of deceased showed that Mr. "A" used to live with him at the time of occurrence and worked as daily wager with the eye-witness---Surprisingly, father of Mr. "A" did not recognize his cousin, allegedly thrown in the canal by his uncle/ accused---However, it became highly doubtful that despite seeing accused throwing deceased in canal, he did not stop and try to rescue her---Prosecution had no justification that why such fact was not mentioned in the crime report despite same being registered on the following day i.e. 31-03-2016 at late hours, especially when Mr. "A" was living with his father, who was actively searching for his sister along with other prosecution witnesses including complainant---Said circumstances made the evidence of eye-witness highly doubtful and unreliable---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal against conviction was accordingly allowed. (b) Criminal trial--- ----Last seen evidence---Scope---Last seen theory comes into play where the time-gap between the point of time when the deceased is last seen alive in the company of accused and when the deceased is found dead is so small that possibility of any person other than the accused being the culprit of the crime becomes impossible---Evidence of last seen is considered a weak type of evidence which is not sufficient to sustain punishment in cases pertaining to capital punishment without corroboration from other circumstantial evidence available on the record. The State…

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