Law: Criminal Procedure Code (V of 1898)

Section: 342

Law: Evidence Act (I of 1872)

Section: 32(2), 65

Law: Penal Code (XLV of 1860)

Section: 366, 376

  (a) Criminal Procedure Code (V of 1898)  S. 342--Confession, extra-judicial-Weakest form .of evidence-Such confession not put to accused during examination under S. 342 cannot be used against him.             Din Muhammad v. The Crown, 1969 P Cr. L J 1573 and Muhammad Sonafar All v. The State 1969 S C M R 468 ref. (b) Evidence Act (I of 1872)  S. 32(2)--Secondary evidence--Doctors having gone abroad, their medico-legs) reports proved by office Head-clerk---No attempt made by prosecution to examine police official entrusted with service of summonses issued in names of doctors to prove their absence from country--Evidence excluded from consideration in circum. stances--Evidence Act (1 of 1872), S. 65. Allah Ditta v. The State P L D 1958 S C (Pak.) 290; Fatal Mohammad v. State 1970 S C M R 405; Hussain Bakhsh v. State 1971 P Cr. L J 133 ref. (c) Penal Cole (XLV of 1860)  S. 366/376-Prosecution left with solitary testimony of prosecutrix without its corroboration from any other source-.Evidence of such witness also not inspiring confidence at all in peculiar circumstances of case--Convictions set aside. Date of hearing: 6th, 7th June 1972 and 22nd March 1973.                                                                                                  JUDGMENT             Mst. Surraya Begum wife of Mohammed Yaqub aged 28 years resident of Dhok Khaba in Rawalpindi City, Mohammad Siddiq son of Muhammad Mustaqim aged 23 years, resident of Gujranwala City, Ghulam Mustafa alias Javed son of Khair Din aged 22 years resident of Sheikhu pura City, Mst. Sardar Begum wife of Barkat Ali aged 35 years resident of Mandiala Waraich District Gujranwala, Mst. Naziran Begum wife of Khadim aged 32 years resident of Chauk Chashma Gujrnwala City and Rehmat Ali son of Barkat Ali aged 35 years resident of said…