PERVAIZ KHAN vs State S — 2022 SCMR 393 SUPREME-COURT

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PERVAIZ KHAN VS State S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence---Benefit of doubt---Source of light mentioned by the prosecution was a tractor, on which allegedly three eye-witnesses were sitting---However according to the police when it arrived at the scene of occurrence the tractor was not available and the same was produced for the first time six days after the occurrence---According to prosecution the occurrence took place at 7 p.m. whereas the FIR was chalked out at 11:35 p.m.---Although complainant claimed that he arrived at the hospital within one or one and half hour but even then the report was lodged in the hospital at 11:15 p.m.---No explanation was provided as to why after reaching the hospital when both the deceased had succumbed to the injuries, the incident was not reported to the police and where such delay time was consumed, raising the possibility that such time was consumed for deliberation and consultation---Delayed postmortem on the next day of receiving the bodies also created serious doubt regarding the prosecution case---Doctor while conducting postmortem examination in postmortem report had categorically stated that according to police paper the time of death was 10:45 p.m. whereas according to eye witnesses the occurrence took place at 7 p.m.---Complainant did not provide any explanation for such inconsistency---Fourth eye-witness who was driving the tractor and could be said to be a person present at the spot, was not produced during the trial and his evidence was withheld by the prosecution---Appeals were allowed and by extending benefit of doubt to the accused persons, their conviction was set-aside and they were acquitted of the charge.

PERVAIZ KHAN vs State S — 2022 SCMR 393 SUPREME-COURT

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