Law:

Section:

Penal Code (XLV of 1860) --------- ----------Ss. 379, 427, 354, 452 & 34 --------- Criminal Procedure Code (V of 1898), S.417(2) --------- Theft, mischief, assault or criminal force to woman with intent to outrage her modesty, house-trespass after preparation for hurt, assault or wrongful restraint, common intention --------- Petition for special leave to appeal against acquittal --------- Reappraisal of evidence --------- Petitioner/complainant, was not present at his house at the time of occurrence and had dictated the the story after hearing from his servants, present in his house at the time of occurrence --------- Police had deleted S.379, P.P.C. --------- Evidence of the complainant being hearsay, had no testimonial value --------- Occurrence took place in full darkness --------- Complainant and accused persons, lived in the same vicinity --------- Civil litigation between the parties, regarding the passage was tried to convert into criminal proceedings for harassing the accused persons --------- Statements of the prime witnesses was full of contradictions --------- Two star witnesses, were allegedly beaten by accused persons, but the victims did not receive any medical report in that respect --------- Prosecution witnesses took divergent stance regarding lurking trespass in the house of the complainant --------- Recovery of weapon of offence, was not effected from accused persons during the investigation, nor specific weapon was alleged to be carrying by accused persons --------- Star witnesses of the occurrence, did not support the prosecution version --------- Trial Court after appraisal of evidence available on record had rightly acquitted accused persons --------- Trial Court, had passed well reasoned while acquitting accused persons --------- When an accused was acquitted from the case after protracted trial, double presumption of innocence, was attached to him --------- Petitioner/complainant having failed to make out a case for conviction of respondents/accused persons, Judgment of the Trial Court, was not open to exception in circumstances. Iftikhar Hussain and others v. The State 2004 SCMR 1185 and Haji Amanullah v. Munir Ahmad and others…

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