Law: Pakistan Penal Code, 1860

Section: 334,337A(i),504

Law: Criminal Procedure Code (V of 1898)

Section: 417(2-A)

(a) Penal Code (XLV of 1860)--- ----Ss. 334, 337-A(i) & 504---Criminal Procedure Code (V of 1898), S. 417(2-A)---Itlaf-e-udw, shajjah-e-khafifah and intentional insult with intent to provoke breach of peace---Appeal against acquittal---Appreciation of evidence---Double presumption of innocence---Scope---Material contradictions in the evidence of prosecution witnesses were on record---Prosecution had failed to prove its case beyond shadow of doubt---Impugned did not suffer from any illegality, irregularity and infirmity---Accused was entitled to the benefit of doubt not as a matter of grace and concession but as a matter of right---Presumption of double innocence would be attached in the appeal against acquittal---Order of acquittal could only be interfered with if it was capricious, perverse and arbitrary in nature or based on mis-reading or non-reading of evidence and had led to miscarriage of justice---Mere disregard of technicalities in the criminal trial without resulting injustice was not enough for interference---Appeal was dismissed in circumstances. [Paras. 7, 8, 9, 10 & 11 of the ] Muhammad Ijaz Ahmad v. Fahim Afzal 1998 SCMR 1281 and Jehangir v. Aminullah and other 2010 SCMR 491 rel. (b) Appeal against acquittal--- ----Presumption of double innocence would be attached in the appeal against acquittal. [Para. 9 of the ] THIS ORDER PASSED BY: SYED MUHAMMAD FAROOQ SHAH, JUSTICE:---.--- Captioned appeal has been directed against the judgment dated 05.6.2013, pronounced in Sessions Case No.35 of 2012 in Crime No.314/2011 under sections 334/337A(i), 504, P.P.C. by learned IVth Additional Sessions Judge Karachi-East on 05.6.2013, whereby the accused/respondents Nos.1 to 3 were acquitted under section 265-H, Cr.P.C. 2. Succinct facts as narrated in the aforesaid FIR are that on 29.8.2011 at about 1130 hours the accused persons maltreated complainant Munawar Ali and his son Moazam Ali with kicks and punches and also broken tooth of the complainant while his son received internal injuries on his head, back and chest and accused have also used abusive language against the complainant party. On completion of usual investigation three accused person were…

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