Law:

Section:

Penal Code (XLV of 1860)-------Ss. 380 & 457---Criminal Procedure Code (V of 1898), S. 417(2)---Theft in dwelling house, lurking house-trespass or house-breaking by night---Special leave to appeal against acquittal order, petition for---Judicial Magistrate having acquitted accused after fully discussing the evidence led by the complainant and all relevant facts, the complainant had filed petition for special leave to appeal against of Judicial Magistrate--- Validity--- Scope of S.417(2), Cr.P.C., whereunder petition was filed, was very limited and High Court could exercise powers thereunder in the case when findings of courts below were perverse, arbitrary, foolish, artificial, speculative and ridiculous---High Court would not interfere simply for the reason that on the reappraisal of evidence, a different conclusion could possibly be arrived at---Different conclusion should not be upset, except when the order suffered from serious material infirmities---Approach for dealing with the appeal against conviction, would be different and should be distinguished from the appeal against acquittal, because presumption of double innocence to accused was attached to the order of acquittal---It was bounden duty of the prosecution to prove its case beyond any shadow of doubt---Accused were considered innocent, unless proved otherwise by the prosecution, supported by solid and confidence inspiring evidence, which lacked in the present case---Impugned had been passed with due evaluation and appraisal of evidence and other circumstances attached thereto---Previous rivalry and matrimonial dispute inter se the complainant and accused, could not be ignored---Case was full of contradictions, and element of afterthought, could not be ruled out---Magistrate, met all four corners for arriving at a just conclusion of the matter---Impugned passed by Magistrate could not be interfered with. The State and others v. Abdul Khaliq and others PLD 2011 SC 554 and Din Muhammad v. Crown 1969 SCMR 777 rel. ORDER SHAH KHAWAR, J.---Mst. Naseem Kausar petitioner (complainant) has filed this petition under section 417(2) of the Code of Criminal Procedure for the grant of special leave to appeal…

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