Law: Pakistan Penal Code, 1860

Section: 316, 302, 337-A(i), 337-A(ii), 148 , 149

PLJ 2026 Cr.C. (Note) 50 [Lahore High Court, Lahore] Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 316, 302, 337-A(i), 337-A(ii), 148 & 149--Conviction and sentence--Challenge to--Burden of proof--Medical evidence--Prosecution case is replet of contradictions and dishonest improvements--It is settled principle of law that conviction must be based on unimpeachable, trustworthy and reliable evidence. Any doubt arising in prosecution case is to be resolved in favour of the accused and burden of proof is always on prosecution to prove its case beyond reasonable doubt. It is also an established principle of law and equity that it is better that 100 guilty persons should let off but one innocent person should not suffer. In attending circumstances, prosecution has failed to prove the charge against the accused/appellants beyond shadow of doubt and numerous doubts have crept into the evidence, therefore, benefit of which is extended to the appellants not as a matter of grace but as a matter of right--Prosecution had failed miserably to bring on record any iota of evidence which could in any manner connect the accused/appellants with the commission of offence, whereas, it was incumbent upon the prosecution to have proved its case against the accused beyond any reasonable doubt--Both the appeals are allowed. [Para 14 & 15] A, B & C 2024 SCMR 156; 2024 SCMR 1146; 2024 SCMR 1191; 2024 SCMR 1427; 2024 SCMR 1490; 2024 SCMR 1507 ref. Judgment Appellants, Maqsood alias Sooda, Muhammad Waseem alias Bhola and Tanzilur Rehman along with acquitted accused Basharat Ali were tried by the learned Additional Sessions Judge, Lahore in case FIR No. 2104 dated 03.07.2023 under sections 302, 337-A(i), 337-A(ii), 148, 149, PPC Police Station Iqbal Town District Lahore and on conclusion of the trial, vide judgment dated 30.05.2025, the learned trial Court while acquitting co-accused Basharat, through the same judgment convicted and sentenced the appellants as under:-- (i)       Maqsood alias Sooda: Under Section 316, PPC io ten years’ rigorous imprisonment along with payment of diyat amount Rs.…