Law:

Section:

(a) Penal Code (XLV of 1860)-- - S. 302 read with Evidence Act (I of 1872), S. 114-Circumstantial evidence-last seen evidence-Circumstance of deceased having been last seen in company of accused--Not by itself sufficient to sustain charge of murder-Evidence further required to link accused with murder of his companion, e.g., incriminating recoveries at accused's instance, a strong motive or proximity of time when both last seen together and time of murder-Accused required to explain demise of his companion only when such requirements fulfilled.-[Evidence]. Besant Singh v. Emperor A I R 1927 Lah. 541 1 Siraj v. The Crown P L D 1956 F C 123 ; Karamat Hussain v. The State 1972 S C M R 15 ; Abdus Samad v. The, State P L D 1964 S C 167 ; The State v. Manzoor Ahwad P L D 1966 S C 664 and R. v. Nash (1911) Cr. App. Rep. 255 ref. Per Mohammad Yaqub Ali, C. J. and Qaiser Khan, J. (b) Penal Code (XLV of 1860)- -- Ss. 302, 366 & 376 read with Evidence Act (I of 1872), S. 114 Murder-Abduction-Rape-Parents suspecting their daughter of being under influence of evil spirits and in order to rid their daughter of such malady contacting accused appellant, posing as an Amil, and accused undertaking to treat girl, shifting to complainant's house alongwith his chela, keeping girl in a room, continuing to perform several acts of jugglery and cheating and eventually disappearing alongwith patient girl-Dead body of girl many days afterwards recovered from a place 100 miles away-Held : Fact of a female witness having been cheated and subjected to rape by accused fraudulently personsting as Amil relevant as appellant's conduct but not of murder of girl in present case-Appellant's chela being present on night of abduction, no mention made of him either by girl's father or mother-Distance of space between point of being last seen together and recovery of dead body-No effort made to trace appellant's chela whose interrogation could yield some clue to whereabouts of deceased after he left her parents' house-Missing links in case not warranting application of S. 376 or 302-Girl's father identifying appellant at identification parade-Appellant leading police to girl's father's house…

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