Law: Pakistan Penal Code, 1860

Section: 302

Law: Criminal Procedure Code (V of 1898)

Section: 417

(a) Penal Code (XLV of 1860)--- ----S.302---Criminal Procedure Code (V of 1898), S.417---Qatl-e-amd---Appeal against acquittal, dismissal of---Appreciation of evidence---Unseen occurrence---Interested and inimical prosecution witnesses---Contradicting statements of prosecution witnesses---Medical evidence negating ocular account---Effect---Allegation against accused was that he beat his deceased-wife brutally, which resulted in internal injuries and her pregnancy was also aborted---Trial Court acquitted the accused---Validity---Alleged occurrence was unseen and there was no eye-witness of the occurrence---Prosecution witnesses were closely related with the complainant and the deceased---Said witnesses were interested and inimical witnesses inter se towards the accused and tried to improve their version by making dishonest improvements---Prosecution witnesses contradicted each other on material points---Allegation against accused of causing internal injuries to his deceased-wife was not proved as she was not examined in support of the prosecution case---Cause of death of deceased negated the ocular account---Medical evidence showed that deceased had history of abdomen pain, vomiting with blood and diarrhea, and cause of her death was determined as failure of kidney as well as multiple infection in the blood---Evidence of Lady Medical Officer revealed that no external abrasion, bruises or wound was found on the body of deceased except scratching of hair on the center of her scalp, and that she was severally anemic---Hair of deceased that had been allegedly scratched off from her scalp were not sent to Forensic Science Laboratory, so they were of no consequence---Prosecution failed to prove its case against the accused---Appeal against acquittal of accused was dismissed in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 417---Appeal against acquittal---Presumption of innocence---Scope---After acquittal, accused earned double presumption of innocence, which could only be interfered with if the (acquittal) order on the face of it appeared to be perverse, arbitrary or illegal. THIS ORDER PASSED BY: GHULAM MUSTAFA MENGAL, JUSTICE:---.--- This Criminal…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492