Law: Pakistan Penal Code, 1860

Section: 302(b),324,34

Law: Qanun-e-Shahadat (10 of 1984)

Section: 40

Law: Anti Terrorism Act, 1997

Section: 7

(a) Penal Code (XLV of 1860)--- ---Ss. 302(b) & 324/34---Anti-Terrorism Act (XXVII of 1997), S.7---Qanun-e-Shahadat (10 of 1984), Art.40---Reappraisal of evidence---Statement of eyewitness---Unexplained delay---Benefit of doubt---Disclosure before police during investigation---Worth---Accused were convicted and sentenced to life imprisonment, which was maintained by High Court to the extent of two accused while one was acquitted---Plea raised by accused was that statement of eye-witness was recorded with a delay of four months and disclosure of one of the accused in police custody was inconsequential---Validity---Evidence of eye-witness as to identification of accused by their names including their descriptions etc. and role attributed to them by such witness in view of the answers given by him in his cross-examination suffered from substantial discrepancies, inconsistencies and material doubts---Eye-witness categorically stated that he did not disclose the names of accused etc. to complainant or to police or to any other person in hospital where he was present with injured persons or even thereafter at the place of occurrence to police who remained present there throughout the night and even later on to any other person---No implicit reliance on testimony of such witness could be placed for the purpose of conviction of accused in absence of corroboration from any other source which was wanting in the case---Alleged disclosure made by one of the accused before Investigating Officer in presence of prosecution witness during interrogation, involving other accused in commission of offence, not leading to discovery of a particular relevant fact or incriminating material was inconsequential and inadmissible---By extending benefit of doubt to accused, they had been found entitled to earn acquittal---Supreme Court set aside the conviction and sentence awarded to them by the Courts below and they were acquitted---Appeal was allowed. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 324/34---Reappraisal of evidence---Abscondence---Mere abscondence in absence of any other incriminating piece of evidence cannot entail penal consequences against accused or to expose…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492