Law: Pakistan Penal Code, 1860

Section: 34,302

Law: Criminal Procedure Code (V of 1898)

Section: 103,340(2),342,417

Law: Suppression of Terrorist activities (Special Courts) Act, 1975

Section: 7(1)

Penal Code (XLV of 1860)--- ----S.302/34---Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), S.7(1)--- Criminal Procedure Code (V of 1898), S.417---Appeal against acquittal---Prosecution case rested on the solitary statement of the complainant who claimed to be present on the spot at the time of occurrence---Complainant being the real brother of deceased, would fall in the category of "interested witness" and his testimony had to be scrutinized with great care and caution---Inordinate delay in lodging the report having not been plausibly explained by the complainant, element of consultation or manipulation of false charge against accused, could not be ruled out altogether from consideration---According to the complainant his brother was also present on the spot before they rushed to the Police Station for making the report, but same was negated too even by his said brother who had stated that he came to know about the death of his brother in Police Station---Stance of the complainants that they had taken lunch before the occurrence, was further not supported by the post-mortem report of the deceased, according to which he was empty stomach during the autopsy---Veracity of complainant further became doubtful when numerous people were attracted to the spot soon after the occurrence, but no independent witness therefrom was cited in the case---Investigating Officer, in circumstances, had not complied with the mandatory provisions of S.103, Cr.P.C.---Two empties of 7.62 bore were recovered from the spot and sealed into a parcel, but no efforts were made to examine the same through an Arms Expert to find out whether those were fired from one or different fire-arms---Ocular account of the complainant was further not supported from the statements of independent witnesses, recorded by the Investigating Officer who had categorically stated that accused, at the time of occurrence, was present on duty in the Flour Mills and not on the scene of occurrence---Investigating Officer in such state of affairs, had declared accused innocent in the occurrence---Prosecution having not been able to prove its case against accused beyond any shadow of reasonable…

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