Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 417(2-A)---Appeal against acquittal---Interference---Scope---Superior courts, normally do not interfere with the of acquittal, but, where acquittal was the result of non-reading or misreading of material evidence on record, or said acquittal had led to gross miscarriage of justice, or the same was arbitrary, capricious, or against the record; said of acquittal was to be interfered with and accused was to be convicted accordingly. Muhammad Ali v. Muhammad yaqoob and 3 others 1998 SCMR 1814 rel. (b) Penal Code (XLV of 1898)--- ----Ss. 302, 324, 353 & 34---Criminal Procedure Code (V of 1898), S. 417(2-A)---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention---Appeal against acquittal---Appreciation of evidence---Sufficient material was available on record to establish the guilt of accused, who had been assigned specific role of giving 'chapo' blow to the deceased, but evidence produced by the prosecution against accused had been disbelieved by the Trial Court---Statements of all the three prosecution witnesses, had remained unshaken despite lengthy and searching cross-examination---Un-impeached versions of said witnesses were truthful and confidence inspiring---Injuries on the person of two prosecution witnesses, were suggestive of the fact that they were not only present on the spot at the relevant time, but had also seen accused from very close range---Accused was identified in the torch light, and the reliability of prosecution witnesses, was duly established from the available material on record---Witnesses were quite natural and expected to be present at the relevant time---Ocular account furnished by prosecution, was not only consistent, but also confidence inspiring; and contradiction pointed out by accused being of trivial nature could not damage the veracity of the prosecution witnesses---Ocular testimony was fully corroborated by the medical evidence---Delay of about seven and half hours in lodging of the report, had reasonably been explained---No evidence of enmity or previous ill-will between accused and prosecution…

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