Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to the accused to examine whether the same eye-witnesses who had been disbelieved for three of their companions could suffice without any independent corroboration whatsoever for arriving at their conviction particularly when the motive for the crime was seriously doubted. (b) Penal Code (XLV of 1860)--S. 302---Appraisal of evidence---Testimony of the eye-witnesses, apart from being interested, had been disbelieved substantially in respect of three acquitted accused---Reluctance of the complainant and of the prosecution as a whole to avoid identification had reacted not only in favour of the three acquitted accused but had also cast a serious doubt on the veracity of the whole case---Intrinsic inconsistencies existed in their claim to be eye-witnesses, in their behaviour at the time of occurrence, in their testimony and the medical evidence---All the said factors had cumulatively cast a serious doubt on the identification and implication of the accused in the crime---Accused were acquitted on benefit of doubt accordingly. Rehmat and others v. The State PLD 1959 SC 109 Muhammad Aslam and others v. The State 1988 SCMR 940 ref. JUDGMENT SHAFIUR RAHMAN, J: --Leave to appeal was granted to the two convicts under section 302, P.P.C., sentenced to life imprisonment, to examine whether the same eye-witnesses who had been disbelieved for three of their companions could suffice without any independent corroboration whatsoever for arriving at the conviction of the appellants particularly when the motive for the crime was seriously doubted. 2. The deceased had allegedly in 1984 thrown acid on Mst. Fauzia a niece of Masood (appellant No.1) whereupon a case was registered against him under section 307, P.P.C. It appears that notwithstanding a compromise in that case conviction of the deceased had taken place but he was acquitted on appeal. The enmity between the family so created subsisted. A week before the occurrence which took place on 7-6-1986, a scooter of the deceased was damaged allegedly by Masood Ahmad whereoupon exchange of abuses had taken place.…

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