Law: Pakistan Penal Code, 1860

Section: 34,324

Law: Criminal Procedure Code (V of 1898)

Section: 410,417,417(1)

(a) Penal Code (XLV of 1860)--- ----Ss. 324 & 34---Criminal Procedure Code (V of 1898), S. 417(1)---Attempt to commit qatl-i-amd, common intention---Appeal against acquittal---Appreciation of evidence---Benefit of doubt---Accused persons were nominated by the complainant for effective firing at him and ineffective firing at the prosecution witness---Complainant had alleged that three accused had made indiscriminate firing at the complainant party and 7/8 shots were fired---No specific role of firing had been attributed to any of the accused persons as to with whose fire shot complainant had sustained wound---No bullet marks on the surrounding walls adjacent to the spot was found during inspection---Neither empty nor blood had been recovered from the place of occurrence---Complaint, prior to the alleged occurrence had also been filed by the accused persons against the complainant party, which was still pending---False involvement of accused persons in the case to compel them for compromise, could not be ruled out, which created doubt in the prosecution case---In absence of any incriminating material on record, appeal against acquittal was dismissed, in circumstances. (b) Criminal trial--- ----Benefit of doubt---Prosecution was duty bound to prove its case beyond any shadow of reasonable doubt against accused---Multiple doubts were not required in the prosecution case to record of acquittal but a single reasonable doubt was sufficient to extend benefit of the same to the accused as a matter of right. Mst. Shamshad v. The State 1998 SCMR 854; Waqar Ahmed v. Shaukat Ali and others 2006 SCMR 1139; Akhtar Ali and others v. The State 2008 SCMR 6 and Sher Bahadur and another v. The State 1972 SCMR 651 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 417--- Appeal against acquittal-- Principles--- Judgment of acquittal could only be reversed and set aside if the same was the result of absolute misreading and non-reading of the evidence with a view to avoid grave miscarriage of justice---Mere fact that some other inference could be drawn, on the basis of evidence brought on record, was not a ground to interfere with the of acquittal. (d) Criminal Procedure Code…

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