S. 7 read with S. 436 of Pakistan Penal Code, 1860–Conviction/Sentence–Challenge to–Case mainly hinges upon ocular account–Prosecution witnesses are interested, closely related inter se and inimical towards appellant due to long standing litigation–There are material contradictions in their statements–Recovered articles not kept in sealed parcel losing its credibility and became doubtful–No independent corroborative or incriminating evidence on file against appellant–Recording of statements of prosecution witnesses, after 10 days, of occurrence, under Section 161 Cr.P.C. lost their credibility–There is considerable delay in lodging FIR without any reasonable explanation–Two co-accused, who were attributed active role in occurrence already acquitted by trial Court on same evidence which was not challenged–Held: Prosecution has failed to establish its case beyond any reasonable doubt–Appeal accepted.
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