Law:

Section:

(a) Penal Code (XL V of 1860)---Ss. 302 & 302(b)---Anti-Terrorism Act (XXVII of 1997), S.7(ii)--­Qanun-e-Shahadat (10 of 1984), Art. 3---Constitution of Pakistan (1973), Art. 185(3)---Child eye-witness aged 5/1-2 years used to- accompany his deceased sister aged 10 years to the house of accused being their tutor and as such the question of his absence from the place of occurrence did not arise who had communicated the information of the incident to his father (complainant)---Trial Court had recorded the statement of the said child witness after having found him intelligent enough to portrait the facts of the event---Statement of the said witness was consistent, worthy of credence, straightforward and confidence-inspiring having the ring of truth and innocence, on the basis of which conviction could safely be recorded and which had been corroborated by circumstantial evidence, medical evidence, recovery, of blood-stained hatchet duly supported by the report of the Serologist and the extra judicial confession made by accused which was also supported by other credible evidence---Accused was also seen running from the place of occurrence by the prosecution witnesses who had no animus or malice whatsoever against him---Absence of motive could hardly affect the overwhelming incriminating evidence led by the prosecution---Courts below having not clarified as to under which clause of S.302, P.P.C. the conviction was awarded and as the same could not be . awarded under S.302(a), P.P.C. without undertaking "Tazkiyah-al-Shahood"---Supreme Court . substituted S.302, P.P.C. to S.302(b), P.P.C. while maintaining the death sentence of accused, as a young girl had been murdered in a barbaric, callous and merciless manner---Leave to appeal was refused accordingly. Muhammad Ajmal v. The State 1997 SCMR 1595; Sarfraz Khan v The State 1996 SCMR 188 and Mumtaz Ahmad v. The State PLD 1990 FSC 38 ref. (b) Penal Code (XLV of 1860)---S. 302(a)---Punishment with death as Qisas---Tazkiyah-al-Shahood--­Tazkiyah-al-Shahood may be undertaken at the end of the evidence at least in criminal cases and it can be done even at the appellate stage or by remanding case if the facts and…

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