Law:

Section:

(a) Constitution of Pakistan (1973)- --- Art. 203(2-B)-Penal Code (XLV of 1860), S. 377-Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 12Leave to appeal granted to re-examine evidence "so as to see whether conviction in case was based on accepted principles of appreciation of evidence". -[Evidence]. (b) Criminal Procedure Code (V of 1898) -- S. 540-(Second part)-Witness (a boy) after recording statement at trial against accused again appearing in Court with defence counsel to support a deposition made by him in a duly sworn affidavit, disowning entire prosecution version and making a statement favourable to accused-Trial Court started unnecessary argumentative clash with lawyer on assumption that witness might have been coerced by lawyer or his client and handing over witness to his parents to be brought again in Court-Witness re-appeared in trial Court and had by then changed his position for third time by making another volta face-Held, trial Court should have acted under S. 540 (Second Part), Cr P. C. and examined witness straight away as it was an important development-Such witness, even if was coerced, should have been removed to a neutral custody for some days before examination-Trial Court, therefore, acted in contravention of mandatory provisions of law viz. S. 540, Cr. P. C. without any justifiable cause-Non-compliance with mandatory provision of S. 540, Cr. P. C., therefore, caused very serious prejudice to accused in circumstances.-[Witness]. Muhammad Azam v. Muhammad Iqbal and others P L D 1984 S C 95 fol. (c) Criminal trial- ---- Evidence-Benefit of doubt - Conviction mainly based on testimony of witness changing positions three times during same trial-Such witness, held, unreliable casting doubt on prosecution story-Benefit of such doubt to go to accused.-[Benefit of doubt Witness]. Qutba v. The Crown P L D 1954 F C 197.and Adalat and another v. The Crown P L D 1956 F C 171 quoted. ° (d) Penal Code (XLV of 1860)- - S. 377-Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 12-Re-appraisal of evidence-Infirmity in testimony of prosecution witness could not be overcome by reference to any other reliable…

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