Law: Criminal Procedure Code (V of 1898)

Section: 417(2-A)

(a) Criminal Procedure Code (V of 1898)----S. 417(2-A)--- Appeal against acquittal--- In an appeal against acquittal, usually the courts were reluctant to interfere in the impugned , unless it could be shown that the in question was perverse, or based upon non-reading/misreading of evidence available on record to an extent that it had caused miscarriage of justice. (b) Criminal Procedure Code (V of 1898)--- ----S. 164---Extra-judicial confession---Proof---Three fold proof was required to make the extra judicial confession the basis of conviction---First, that in fact it was made; secondly, that it was voluntarily made; and thirdly, it was truly made. Muhammad Kamran v. State 2003 SCMR 1070 ref. (c) Criminal trial--- ----Circumstantial evidence--- Conviction--- Basic requirements---In order to claim conviction, in a case depending upon circumstantial evidence, the prosecution must establish four basic requirements that circumstances from which the conclusions were drawn should be fully established that all the facts must be consistent with the hypothesis that circumstances should be of a conclusive nature; that circumstances should, to a moral sanctity, actually exclude every hypothesis, but the one proposed to be proved; that record of the case must show that a chain of events had been interwoven in such a way that its assessment would lead to inescapable conclusion that accused committed the offence and that evidence had to be of high quality, which should inspire confidence in the mind of Judge, because direct evidence was not before him. Muhammad Noor v. Member I, Board of Revenue, Balochistan and others 1991 SCMR 643; Muhabbat v. State 1990 PCr.LJ 73 and State of UP v. Dr. Ravindra Prakash Miltal AIR 1992 SC 2045 rel. (d) Criminal trial--- ----Circumstantial evidence---Cases depending upon circumstantial evidence---Principles---Fundamental principle of universal application in cases depending upon circumstantial evidence was, that in order to justify the inference of guilt, the incriminating fact must be incompatible with the innocence of accused, or the guilt of any other person, and incapable of explanation upon any other reasonable hypothesis, than that…

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