Law: Pakistan Penal Code, 1860

Section: 302(b)

PLJ 2026 Cr.C. (Note) 62 [Lahore High Court, Multan Bench] Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Qatl-e-amd--Conviction and sentence--Delay in FIR--No plausible explanation is forthcoming by prosecution to justify such a belated post mortem examination, which would give rise to a legitimate presumption that nobody was present at spot at relevant time and dead body was discovered belatedly and was sent to mortuary after lodging FIR with deliberations and consultation.                                                                                                                                      [Para 7] A 2019 SCMR 1068. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Qatl-e-amd--Conviction and sentence--Challenge to--Had said clothes been taken into possession and sent to Chemical Examiner for examination and grouping with that of blood stained clothes of deceased, same would have provided strongest corroboration to testimony of eye-witnesses--Said omission struck at roots of case of prosecution--Held: It is by now a settled principle of law that prosecution primarily is bound to establish guilt of accused beyond shadow of a reasonable doubt by producing trustworthy, convincing and reliable evidence and even a single doubt in prosecution story is fatal rather disastrous for prosecution case and benefit of same would go to accused being favourite child of law who is to be treated as innocent unless his guilt is proved up to hilt. [Para 8 & 13] B & I 2019 MLD…