Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302 & 459---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(4)---Criminal Procedure Code (V of 1898), S.417(2-A)---Qatl-i-amd, hurt caused while committing lurking house-trespass or house breaking, Haraabah---Appeal against acquittal---Reappraisal of evidence---Crime weapon, was neither blood stained, nor the injuries inflicted on the bodies of the deceased persons matched with the crime weapon---Statement of accused, recorded under S.164, Cr.P.C., was not worth consideration as it had been recorded on oath, which could not be of any help to the prosecution---Evidence of identification parade, was also of doubtful character, which could be termed as pre-identified/pre-investigated case---Heavy cloud of doubt existed on the story of prosecution---Statements of the prosecution witnesses, were contradictory with each other, and cast doubt upon the truthfulness of the prosecution story---Alleged recovery was doubtful---Trial Court, had reached the right conclusion that accused was roped in the commission of crime---Acquittal order passed by the Trial Court, was justified---Once an accused was acquitted by the court of competent jurisdiction, he had the double presumption of innocence---Prosecution had failed to point out any illegality, irregularity or perversity in the impugned of the Trial Court---Acquittal order passed in favour of accused by the Trial Court was in right direction, which warranted no interference by Shariat Court--Impugned /acquittal order, was kept intact, in circumstances. 2001 SCMR 424; 2001 PCr.LJ 827; 2009 SCR 390; 2014 SCR 35; Azmat Khan v. The State PLD 1982 FSC 4; Tufail Hussain Shah v. The State 1994 SCR 275; Rafiullah Kakar and 2 others v. State 2000 PCr.LJ 1452 and Ali Muhammad v. Muhammad Akram and another 2004 SCR 351(sic) ref. JUDGMENT. SARDAR ABDUL HAMEED KHAN, J.---Above titled appeal has been directed against the judgment of District Court of Criminal Jurisdiction, Mirpur dated 20-10-2006, whereby the respondent was acquitted of the charge by giving him the benefit of doubt. Brief facts forming background of the appeal are that a case under sections 302, 459,…

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