Law: Penal Code (XLV of 1860)

Section: 302(b),364A,376,34

Law: Criminal Procedure Code (V of 1898)

Section: 164

(a) Criminal trial-------Duty of prosecution---Scope---Duty of prosecution is to prove its case beyond reasonable doubt---Evidence produced by prosecution must be credible and reliable having the ring of truth---Case cannot be decided on the basis of surmises and conjectures---Weak and infirm evidence must lose its worth particularly when it is a case of capital charge.(b) Penal Code (XLV of 1860)-------Ss. 302(b), 364-A, 376 & 34---Qatl-i-amd, kidnapping or abducting a minor person, rape, common intention---Appreciation of evidence---Improvements made by the witnesses---Accused was charged that he alongwith his co-accused abducted the minor daughter of complainant, committed rape with her and then murdered her by strangulation---Record showed that in his statement, complainant did not disclose any clue whatsoever about any of the assailants---In the same document/complaint names of two witnesses were also mentioned who assisted the complainant for the search of his daughter---In witness box, both complainant and a witness made material improvements in their statements--Perusal of statement of witness also made it clear that he too changed his story by improvement---If said two witnesses had joined complainant on the same day i.e. 30.11.2010, started search and they both told that they had seen the assailants and deceased together, why such important fact was not unveiled by complainant when he made the statement to Police Official---By no stretch of imaginations in his statement, complainant maintained that he made any telephone call to said witnesses and they associated him on 30.11.2010 but what was claimed was that both the witnesses came to him in the morning of 01.12.2010---In view of such state of affairs, the worth, veracity, credibility and reliability of complainant and witness were completely smashed---Appeal against conviction was allowed, in circumstances.Naveed Asghar and 2 others v. The State PLD 2021 SC 600; Syed Saeed Muhammad Shah and another v.The State 1993 SCMR 550; Sardar Bibi and another v. Munir Ahmad and others 2017 SCMR 344 and Muhammad Arif v. The State 2019 SCMR 631 rel.(c) Penal Code (XLV of 1860)-------Ss. 302(b), 364-A, 376…