Law:

Section:

(a) Penal Code (XLV of 1860)----S. 302---Criminal Procedure Code (V of 1898), S.103---Appreciation of evidence---Recovery of stolen motorcycle at joint pointing of two accused from sugar-cane field belonging to third person---Evidentiary value---Such field was an open place, thus, stolen motorcycle could not be said to have been recovered from accused---Recovery at joint pointing of two accused would have no evidentiary value. Abdul Ghani and 3 others v. The State 1976 PCr.LJ 1462; Nazeer and 2 others v. The State PLD 1989 Kar. 466; Das Ram Gehla Ram v. Emperor 43 Cr.LJ 1942 (268); Muhammad Ayub and others v. The State 1974 PCr.LJ 501 and State through Advocate-General, Sindh v. Bashir and others PLD 1997 SC 408 rel. (b) Penal Code (XLV of 1860)--- ----S. 302/34---Criminal Procedure Code (V of 1898), S.103---Appreciation of evidence---Crime weapon, recovery of---Recovery witness was not resident of locality, but was a chance witness---Place of recovery was surrounded by 50/60 houses, but none was summoned from locality by police.--Such recovery evidence was not worthy of any credence and could not be used against accused in circumstances. (c) Penal Code (XLV of 1860)--- ----S. 302/34---Criminal Procedure Code (V of 1898), S.103---Appreciation of evidence---Pistol and empty bullet, recovery of---Empty bullet, after three months of its recovery and pistol after more than two months of its recovery were received together by Forensic Science Laboratory---Such long delay not explained by prosecution---Validity---Law required that empty recovered from spot should be sent to Laboratory without any delay---Such recovery evidence was not free from doubt and could not be used against accused. Jehangir v. Nazar Farid and another 2002 SCMR 1986; Muhammad Younis Khan v. The State 1992 SCMR 545 and Atta Ullah and others v. The State PLD 1990 Pesh. 10 rel. (d) Penal Code (XLV of 1860)--- ----S. 302---Appreciation of evidence---Burden of proof---Burden of proving case beyond doubt against accused would squarely lie upon prosecution and would not shift to accused---Presumption and probabilities, however strong may be, could not take place of proof. Muhammad Luqman v. The State…

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