Law:

Section:

Penal Code (XLV of 1860) --S. 302 Murder Appreciation of evidence No direct ocular evidence fully implicating accused respondent High Court not impressed by evidence of motive, relied upon by prosecution and finding testimony 'of witness stating to have seen accused throwing away dead body of deceased child much too artificial High Court also finding evidence of extra judicial confession not inspiring confidence Testimony of Sub Inspector, Police, also considered not sufficient to prove abscondence of accused Medical evidence alone in such circumstances not found sufficient to sustain conviction High Court, held, based its finding on evidence on record, taken a possible view of evidence on record, and finding of acquittal recorded by it, neither arbitrary nor capricious, hence, no good reason to interfere. JUDGMENT MUHAMMAD AKRAM, J. Mst. Ellis respondent No. 2 was convicted under section 302, P. P. C. and sentenced to life imprisonment for the murder of a minor child Yousaf Masih by the Additional Sessions Judge, Sialkot on the 9th of May 1978. Her appeal against the conviction and sentence was accepted and she was acquitted by a learned Single Judge of the Lahore High Court at Lahore on the 29th of July 1978. This is a petition for special leave to appeal by the complainant against the order of her acquittal. The prosecution case in brief is that on the 25th of April 1977, Yousaf Masih aged 6/7 years alongwith his twin brother Joseph Masih had gone out to play in their village Kotli Muhammad Siddiq at noon time. Joseph Masih returned to the house but Yousaf Masih was found missing. After some search their grandfather Gulzar Masih complainant made a call through a loud speaker at the mosque of the village to find out the whereabouts of the minor child. After having made this announcement he was returning home and saw the dead body of the child bearing some marks of violence lying under a keekar tree in the open in front of his house. At the time his outcries attracted Fazal Masih (P. W. 3) to the place who informed him that he had seen Mst. Ellis respondent No. 2, throwing the dead body thereafter the announcement had been made on the loud speaker. It was…

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