Law: Pakistan Penal Code (PPC),1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Ocular account and Medical evidence--A matter of fact prosecution witnesses were not truthful in their stance, were not present at place of occurrence at relevant time and had not witnessed occurrence.           [P. 428] A 2021 SCMR 612, 2025 SCMR 110, 2025 SCMR 1053, 2025 SCMR 1339. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Qatl-e-amd--Conviction and sentence--Challenge to--Benefit of doubt--Ocular account--Motive--Disbelieved ocular account, such recovery would not be sufficient for recording conviction of an accused on capital charge, because this type of corroborative evidence is always taken into consideration along with direct evidence--Motive part of prosecution case is concerned, although prosecution has alleged specific motive that appellant and his co-accused had previously got registered a criminal case against complainant party in which they were found innocent, therefore, due to that grudge, appellant had committed murder of deceased but I have noticed that prosecution has failed to bring on record any independent corroborative evidence either oral or documentary to establish this fact, thus, in such a scenario-- It is, by now well established principle of law that it is prosecution, which has to prove its case against appellant by standing on its own legs and it cannot take any benefit from weaknesses of case of defence--In instant case, prosecution remained failed to discharge its responsibility of proving case against appellant.                                                                       [Pp. 428 & 429] B, C & D Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Qatl-e-amd--Conviction and sentence--Challenge to--Benefit of doubt--It is also well established that if…