Law: Criminal Procedure Code (V of 1898)

Section: 342

Law: Pakistan Penal Code, 1860

Section: 302,302(a)

(a) Criminal Procedure Code (V of 1898)--S.342---Statement of accused---Where the prosecution evidence stands rejected in its totality, the statement of the accused has to be accepted in totality and without scrutiny. Faiz and another v. The State 1983 SCMR 76 and Sultan Khan v. Sher Khan and others PLD 1991 SC 520 ref: (b) Penal Code (XLV of 1860)--- ----S.302(a)---`Qatl-i-amd' liable to Qisas takes place only when the person murdered is not liable to be murdered or is Maasoom-ud-Dam. (c) Penal Code (XLV of 1860)--- ----S.302 [as substituted by Criminal Law (Fourth Amendment) Ordinance (XXX of 1991)]---No exception has been provided in S.302, P.P.C. which contains only a substantive law and the prosecution has to prove every part of it i.e., whether it is a `Qatl-i-amd' liable to Qisas, `Qatl-i-amd' not liable to Qisas or Qatl-i-amd liable to Tazir. (d) Penal Code (XLV of 1860)--- ----S.302---Punishment of death, according to the strict Injunctions of Islam, is permissible where under Hadd the offence already committed or sought to be committed by the person is one liable to Hadd of death. (e) Penal Code (XLV of 1860)---- ----S.302---Evidence---Corroboration---Independent corroboration is required when the evidence is found to be worthy of credit but not of such a degree as resulting in conviction of the accused---Rejected evidence could not be utilised by corroborated evidence.---[Evidence]. (f) Islamic Jurisprudence--- ---- Crime and punishment---Amplitude of right of self-defence under Injunctions of Islam is far wider than is available under Pakistan Penal Code, 1860.---[Private defence, right of]. The State v. Abdul Waheed alias Waheed and another 1992 P Cr.LJ 1596 qouted. (g) Penal Code (XLV of 1860)---- ----S.302(a)---Special Courts for Speedy Trials Ordinance (XXXVIII of 1991), S.13(5)---Appeal against acquittal---Judgment of trial Court on the evidence and material on record considered with Injunctions of Islam applicable to them suffered from no such infirmity as might require interference--Appeal against 0acquittal was dismissed accordingly. The State v. Abdul Waheed alias Waheed and another 1992 PCr.LJ 1596 distinguished. Faiz and another v. The…

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