Law:

Section:

Appeal Against Acquittal-- ----Principle--Once the accused is acquitted by a Court of competent jurisdiction the initial presumption of innocence of accused gets Judicial recognition and because of this double presumption of innocence, it must be established at this stage that the evidence on record has been misread or material evidence has not been considered by trial Court and conclusions arrived at are not supported by the facts and circumstances of the case--Appeal dismissed. PLJ 2009 FSC 284, 2009 SCMR 1232 & PLJ 2009 SC 769, rel. THIS JUDGMENT DELIVERED BY: SYED AFZAL HAIDER, J.- Through this appeal Muhammad Aslam has challenged judgment dated 03.05.2005 delivered by learned Additional Sessions Judge, Mian Channu whereby Mustafa respondent was acquitted from a charge under Section 18 of Offence ofZina (Enforcement of Hudood) Ordinance, VII of 1979 and Section 457 of the Pakistan Penal Code, Police Station Saddar MianChannu. 2. The information laid with local Police by complainant Muhammad Aslam PW-1 was to the effect that he alongwith his children including Mst. Nasira Bibi, aged 15-16 years, were asleep in the Court-yard of their house on the night between 06/07.05.2004 in their Chak. His wife Mst. Rehmat Bibi had gone to another village for condolence. During the night Mustafa, armed with pistol, trespassed into the house after scaling the wall and forcibly took Mst. Nasira Bibi to the adjoining room and attempted to commitZina-bil-Jabr with her. The complainant got awakened as a result of alarm raised by the victim. Allah Ditta and Fida Hussain, complainant's brother who lives nearby were also attracted to the spot. All of them attempted to apprehend the accused but he managed to escape after brandishing his pistol. The complainant thereupon moved an application Ex.PA on 07.05.2004 before the Inspector/Station House Officer, Police Station Saddar Mian Channu at 5/6.00 p.m. regarding the incident of the previous night. The Station House Officer marked the same to Assistant Sub-Inspector Zameer who received it while was present at bus stand 124/15L, Tehsil Mian Channu. He recorded Police Karvai on the application and sent the same to Police Station…

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