Law: Pakistan Penal Code (PPC),1860

Section: 302, 148 , 149

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302, 148 & 149--Qatl-i-Amd--Delay in FIR--Delay in post mortem examination--Concept of “Estimator Variables,”--Benefit of doubt--Acquittal of--The petitioner-convict fired at deceased, as a result, he got his on his chest, and died on spot--FIR was lodged, two-hours delay, that remains unexplained--A significant delay occurred in post-mortem examination--In site plan deceased is shown at Point No.1 and petitioner-convict at Point No.2, with an inter se distance of 240 feet (approximately 73 meters--These variables are beyond control of legal system but are critical in determining weight of an identification by an eye witness--At a distance of 240 feet (approximately 73 meters), witness’s ability to provide a reliable identification is severely compromised, moving away from factual recognition ad toward a result that is mathematically equivalent to a random guess--Site plan indicates a distance of 48 Karams (approximately 240 feet) between convict-petitioner and eyewitnesses--This is a substantial distance which, in any circumstance, drastically reduces diagnostic value of a visual identification--Human eye struggles with “mesopic vision,” where lack of sufficient light lowers visual acuity--Advanced age of witnesses that is 50 (PW-1) and 60-years [PW-2] comes into play--The eyewitnesses during firing allegedly took shelter inside Bhaitak, resulting identification becomes unsafe and scientifically unsound--Where as many as eight accused persons were allegedly resorting to indiscriminate firing, it would be humanely difficult to ascertain with any degree of certainty from a distance of 240 feet as to whose shot actually hit deceased--This aspect of case strikes at root of prosecution’s version and creates a serious dent in its credibility--Petition is converted into an appeal and allowed--He is acquitted of charge.                         [Pp. 322, 323, 324 & 325] A, B, C, G, H, I, J, K, L, M, O Estimator Variables-- ----Concept of “Estimator…