Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 17(3)---Assistant Sessions Judges---Court of Assistant Sessions Judge was court like any other criminal court of a Magistrate; and the Sessions Judge/Additional Sessions Judge, could entertain and decide the revision, or bail application after the same was dismissed by an Assistant Sessions Judge. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 417(2-A) & 410---Appeal against acquittal/conviction---Scope---No specific role in commission of the offence was assigned to accused, except abetment---Appeal against acquittal had distinctive features and approach to deal with---Appeal against conviction was distinguishable from appeal against acquittal; because presumption of double innocence was attached in case of acquittal---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, or was artificial, arbitrary and led to gross miscarriage of justice---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 incorrect---Whenever, there was doubt about guilt of accused, its benefit must go to him, and court would never come to the rescue of prosecution to fill the lacuna appearing in the evidence of prosecution case it would be against established principles of dispensation of criminal justice. Abdul Raheem v. Abdul Rauf and another 1983 PCr.LJ 1390; Parvez alias Puttar v. The State 1990 PCr.LJ 956; Askar Ali and others v. The State PLD 1959 SC 251; 1998 PCr.LJ 1576, 1985 PCr.LJ 2973; 1991 SCMR 2220; 1993 SCMR 28; 1985 PCr.LJ 457; PLD 1966 SC 424; 1998 SCMR 1281 and 1997 PCr.LJ 477 ref. ORDER SYED MUHAMMAD FAROOQ SHAH, J.---The captioned Criminal Acquittal Appeal is directed by the…

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