Law: Penal Code (XLV of 1860)

Section: 302,201

Penal Code (XLV of 1860)--- ----Ss. 302 & 201---Qatl-e-amd, causing disappearance of evidence of offence or giving false information to screen offender---Appreciation of evidence---Benefit of doubt---Prosecution failed to establish motive for commission of offence by accused---Delay of four days in lodging F.I.R. was not explained plausibly---Complainant did not report the disappearance of his missing son to Police---Accused allegedly came to take the deceased with them but no last-seen evidence was produced by prosecution---Witnesses testified on the basis of hearsay evidence of the only eye-witness of the case---Eye-witnesses did nothing to run away for safety or save the deceased from accused while they were all engaged in catching hold of the deceased, therefore, solitary statement of the said eye-witnesses could not be believed---Contradictions in statements of witnesses made the case of prosecution highly doubtful---Recovery of dead body was not effected on pointation of accused---Medical evidence contradicted statements of witnesses and did not connect the accused with commission of offence---Prosecution failed to prove its case beyond shadow of doubt---Extending the accused benefit of doubt, High Court acquitted them setting aside conviction and sentence awarded by Trial Court. Qabal Shah and others v. The State PLD 1960 Kar. 697; Muhammad Khan v. Moula Bux and another 1998 SCMR 570; Nazoo alias Ali Nawaz v. The State 1977 SCMR 20; Mujahid Hussain v. The State 1985 SCMR 1573; 2007 SCMR 778; 1996 SCMR 188; 2006 SCMR 1791; 2010 SCMR 401; PLD 1980 SC 223; PLD 2004 SC 663; 1985 PCr.LJ 349; PLD 2002 SC 62; PLD 1986 Sh.C (AJ&K) 74; 2000 PCr.LJ 1665; 2008 SCMR 1049; 2009 SCMR 523; Muhammad Ehsan v. The State 2006 SCMR 1857; Allah Bakhsh v. Shammi and others PLD 1980 SC 225; Zafar Iqbal v. The State and another 2010 SCMR 401; Bin Yamin alias Khari and others v. The State 2007 SCMR 778; Ajmal Khan v. The State 2004 PCr.LJ 313 and Muhammad Ashraf and others v. The State 2005 PCr.LJ 1321 ref. Gul Muhammad alias Guloo and another v. The State 1974 PCr.LJ 400 and Muhammad Dilwar Khan and 2 others v. The State PLD 2004 Kar. 319 rel. Imran Ashraf and 7 others…

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