Law:

Section:

Penal Code (XLV of 1860)-------Ss. 337-A(ii), 337-F(i)(ii) & 34---Criminal Procedure Code (V of 1898), S. 417(2-A)---Causing Shajjah-i-Mudihah, Damiyah, Badiah and common intention---Appeal against acquittal---Reappraisal of evidence---Accused and his real brother, were nominated towards commission of the offence; and allegation of offence under S. 34, P.P.C. was also levelled against them to establish the factum of sharing common intention---Testimony of injured witnesses, when read in conjunction with medical evidence, however, altogether portrayed a different picture in respect of the occurrence---Glaring contradiction existed between the ocular and medical testimony---Accused, could not be held responsible for causing injuries, or the occurrence had not been stated in the manner, as it was committed---Sufficient doubt was created in respect of affixing the vicarious liability of injuries caused to the complainant---Principle of "falsus in uno falsus in omnibus", which was part of the English Law, was not recognized by the criminal legal system of Pakistan, due to complexities of tribal system in the society, as possibility of false implication could not be ruled out---Accused would carry double presumption of innocence in case of acquittal; first one, which contemplated that accused was presumed to be innocent till proved guilty and secondly after securing the acquittal, he would acquire legal vested right beyond the presumptions, because after a complete trial, court would reach to the conclusion, and would acquit accused---Courts were normally reluctant to interfere with the verdict of acquittal, unless it was proved on record that the verdict of acquittal was perverse, artificial, fanciful, fictitious or based upon non-reading of evidence, particularly, or if the acquittal was rendered against the settled law---Impugned , whereby accused was acquitted of the charge, was unexceptional, and did not warrant any interference. ORDER MUHAMMAD KAMRAN KHAN MULAKHAIL, J.---This Criminal Acquittal Appeal is directed against the judgment dated 19-12-2013 ("impugned judgment") passed by the learned Sessions Judge (Ad hoc) Quetta ("trial Court"), whereby the…

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