Law: Pakistan Penal Code (PPC),1860

Section: 302(b), 311 , 338-E

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Qatl-e-amd--Compromise between parties--It is a cardinal principle of criminal jurisprudence that evidence is weighed, not counted--The testimony of a solitary witness, if found to be confidence-inspiring, intrinsically consistent, and corroborated adequately, is sufficient to sustain a conviction--Courts below conducted an exhaustive analysis of evidence, arriving at a concurrent determination of guilt of petitioner--Our independent evaluation of same material provides no ground for reaching a divergent conclusion. [P. 254] A Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 311 & 338-E--Waiver and compounding in qatl-i-amd--The holistic reading of all amended sections shows that legislature has changed scheme of punishment in order to give effect to principle of fasad-fil-arz and provisions of Section 311 of PPC are to be given effect regardless of punishment being qisas or ta’zir--However, said amended position is not applicable to instant case as occurrence took place and Amendment Act came into force and such amendment cannot be given retrospective effect as per settled jurisprudence in light of legal maxims nullum crimen sine lege (no crime without law) and nulla poena sine lege (no penalty without a law)--In light of compromise affected between petitioner and legal heirs of deceased, Criminal Miscellaneous Application is accepted and, consequently, jail petition is converted into an appeal and allowed--The petitioner is acquitted on basis of said compromise and he shall be released forthwith if not required to be detained in any other case.        [P. 256] B & C Mr. Dil Muhammad Khan Alizai, ASC and Syed Rifaqat Hussain Shah, AOR for Applicant/Petitioner. Rai Akhtar Hussain, APG, Punjab for State. Dates of hearing: 8.4.2026 & 4.5.2026. Judgment Muhammad Hashim Khan Kakar, J.--At the very outset it is stated that Criminal Miscellaneous Application No. 1091/2024 has been filed stating that a compromise has been affected between the petitioner and the legal heirs of the deceased, therefore, the acquittal of the petitioner on the basis of such…