Law:

Section:

(a) Penal Code (XLV of 1860)- - S. 302-Murder-Evidence-Guiding principles laid down by superior Courts for appreciation of extra judicial confession and circumstantial evidence, stated-Evidence Act (I of 1872), Ss. 7, 8 & 24.-[Confession-Evidence]. (b) Penal Code (XLV of 1860)- -- S. 302 - Murder - Extra judicial confession - Circumstantial evidence-No direct evidence available-Neither extra judicial confession and circumstantial evidence nor recovery evidence proved-No satisfactory basis whatsoever for upholding conviction for murder-Accused given benefit of doubt and acquitted.-[Benefit of doubt-Evidence]. JUDGMENT MUHAMMAD MUNIR KHAN, J.-This Criminal Appeal and the connected Murder Reference arise from the judgment of the learned Sessions Judge, Bahawalnagar, whereby, he, on 23-2-1980 convicted Badar Din alias Badroo, appellant under sections 366/376/302, P. P, C. for the abduction, rape upon and murder of Mst. Tabira Bibi aged about 15/16 years and sentenced him, under section 366, P. P. C. to 10 years' R.1. and a fine of Rs. 5,000, in default thereof, to further R. 1. for one year, under section 376, P: P. C. to 10 years' R. I. and a fine of Rs. 5,000 in default thereof to further R. I. for one year and under section 302, P. P. C. to death, compensation of Rs. 5,000 under section 544-A, Cr. P. C. in default thereof to six months' R. I. with direction that, in case, the capital punishment awarded under section 302, P. P. C. is not confirmed the sentences . awarded under sections 366/376, P. P. C. would run consecutively. 2. The prosecution case in brief is that Mst. Tabira Bibi deceased daughter of Muhammad Hussain P. W. 14 left the house of her father on account of a domestic incident about 1 I months prior to her death. At 7 or 8 p. m. on the same day, Ata Muhammad P. W. 15 saw her with the appellant at Bus-stand Dipalpur. She told Ata Muhammad P. W. 15 that she was going to Haveli Lakha to see her ailing uncle. On the following day, Muhammad Husain P. W. 14 (her father). went to Haveli Lakha but did not find her in the house of her maternal uncle. It has been alleged that after about 18/22 days Mst. Tahira Bibi was seen in the company of Badar Din…

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