Law: Penal Code (XLV of 1860)

Section: 302/34

Law: Constitution of Pakistan, 1973

Section: 185(3),185

(a) Penal Code (XLV of 1860)   S. 302/34 Constitution of Pakistan (1973), Art. 185(3) Appeal against acquittal Leave to appeal was granted to examine the submissions that the F.I.R. had been promptly lodged, eye witnesses were natural witnesses of the occurrence, discrepancy in the ocular and medical evidence with regard to the seat of one injury out of so many injuries was not sufficient to discard the ocular evidence in toto and sufficient corroboration was available iii the form of motive which stood proved but evidence had not been appraised in accordance with the established principles of appraisal of evidence.  (b) Penal Code (XLV of 1860)   S. 302/34 Appreciation of evidence Delay in sending the crime empties to Forensic Science Laboratory per se is no ground for rejecting such evidence and throwing away the entire prosecution evidence otherwise found reliable by Trial Court. Sikandar and 2 others v. The State PLD 1981 SC 477 ref. (c) Penal Code (XLV of 1860)   S. 302/34 Constitution of Pakistan (1973), Art. 185 Appeal against acquittal No empty of the revolver was recovered from the spot and as such no opinion of the Forensic Science Laboratory was available to lend support to the prosecution case against accused High Court’s order acquitting the accused was, therefore, not interfered with on the principle of safe dispensation of criminal justice and appeal against his acquittal was dismissed accordingly. (d) Penal Code (XLV of 1860)   S. 302/34 Constitution of Pakistan (1973), Art. 185 Appeal against acquittal Plea of alibi raised by accused had been rightly disbelieved by the Courts below Ocular evidence was corroborated by medical evidence, motive, recovery of pistol at the instance of accused, recovery of empties from the spot and the positive opinion of the Forensic Science Laboratory Appeal against acquittal of accused by High Court was consequently accepted and he was convicted under S. 302, P.P.C. and sentenced to imprisonment for life with fine in circumstances. Sikandar and 2 others v. The State PLD 1981 SC 477 ref. JUDGMENT FAZAL ILAHI KHAN, J.This is an appeal with leave of the Court against the…

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