Law: Criminal Procedure Code (V of 1898)

Section: 417,417(2)

(a) Criminal Procedure Code (V of 1898)--- ----S. 417(2)---Appeal against acquittal---Interference--- Scope--- Identification parade was not conducted in accordance with law---Impugned appeared to be elaborate and announced after appraisal of evidence; and placing reliance on the case-law of superior courts---Counsel for appellant, could not demonstrate any illegality, gross irregularity or infirmity in the impugned ---No occasion to set aside the impugned , which was a speaking one---Appeal having no merits, was dismissed, in circumstances. Advocate General Sindh Karachi v. Farman Hussain and others PLD 1995 SC 1; Farman Ali v. The State 1997 SCMR 971; Rab Nawaz and others v. The State PLD 1994 SC 858 and Nadeem-ul-Haque Khan v. The State 1995 SCMR 510 ref. (b) Criminal trial--- ----Benefit of doubt---Scope---Each and every doubt arising out of the case of prosecution was to be resolved in favour of accused; and for extending benefit of doubt to an accused, multiple circumstances were not required---Only a single circumstance creating reasonable doubt in the prudent mind, would entitle accused to such benefit. Tarique Perwaiz v. The State 1995 SCMR 1345 and Loung through Central Prison, Hyderabad v. The State 1999 PCr.LJ 595 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 417(2)---Appeal against acquittal---Interference---Scope---Order of acquittal, could only be interfered with when it was found on the face of it as capricious, perverse, arbitrary in nature, or based on misreading, non-appraisal of evidence; and was artificial, arbitrary and led to gross miscarriage of justice---Mere disregard of technicalities in a criminal trial without resulting injustice, was not enough for interference---Order/ of acquittal would give rise to strong presumption of innocence, rather double presumption of innocence was attached to such an order---While examining the facts in the order of acquittal, substantial weight should be given to the findings of the lower courts, whereby accused were exonerated from the commission of crime---Acquittal would be unquestionable when it could not be said that acquittal was either perverse, or that acquittal was improper, or…

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