Law: Pakistan Penal Code (PPC),1860

Section: 302, 34

Law: Code of Criminal Procedure (CrPC), 1898

Section: 512, 265-C, 342

Law: Qanun-e-Shahadat Order, 1984

Section: 129(1)(g)

REMARKS

The two eye-witnesses named in the FIR were abandoned by the prosecution as unnecessary. This was certainly the best evidence available with the prosecution and their non-examination without any sufficient cause certainly invited the application of Article 129 (1)(g) of the Qanoon-e-Ordinance, 1984 to draw an adverse inference that had those eye witnesses been produced during the trial they would not have supported the prosecution�s version.
. Mere abscondance of an accused cannot be made a base for his conviction, when there is a reasonable doubt exists regarding his involvement in the commission of offence.

Summary:Two Words Description:
Murder Acquittal
The State appealed against the acquittal of Muhammad Shafee in a murder case (FIR No. 30/2019, PS Jalkot, Kohistan Upper) under Sections 302 and 34 PPC. The trial court had acquitted the accused due to multiple doubts in the prosecution case, including unexplained delay in reporting, non-production of eye witnesses, contradictions between ocular and medical evidence (charring marks vs. alleged firing distance), non-recovery of weapon, and prior acquittal of co-accused. The High Court upheld the acquittal, citing the principle that even a single reasonable doubt entitles an accused to benefit of the doubt, and that acquittal carries a double presumption of innocence.