Law: Penal Code (XLV of 1860)

Section: 324,504,506

(a) Criminal trial--- ----Burden of proof---Scope---Burden of proof, would lie upon the prosecution and it had to prove the charge beyond reasonable doubt. (b) Appeal against acquittal--- ----Double presumption of innocence---Scope---Accused after acquittal would enjoy double presumption of innocence; the first before trial of case and second after his acquittal. (c) Penal Code (XLV of 1860)--- ----Ss. 324, 504 & 506---Attempt to commit qatl-i-amd, intentional insult with intent to provoke breach of peace, criminal intimidation---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Contradictions in the statements of witnesses---Scope---Accused was charged that he made firing upon the complainant party, due to which, brother, maternal cousin of complainant and another person sustained bullet injuries---Ocular testimony consisted of evidence of complainant, injured and cousin of the complainant---All those witnesses were closely related to each other---Said witnesses stated in their statements that the accused made firing upon brother and cousin of complainant and also on another person who received injuries---Other two witnesses stated that the accused and brother of complainant scuffled with each other, where-after firing started but both of them had failed to assign the role of firing to the accused---Said two witnesses were independent and impartial witnesses and not inimical to the other side---Statements of eye-witnesses were inconsistent, not firm and stable and there were many contradictions in their statements, hence their statements could not be believed---Statements of eye-witnesses were contradictory with the medical evidence---If the injured witness and the accused scuffled with each other and thereafter firing was made and brother of complainant received injuries then there should be blackening around the entrance wound of injured, but the medical certificate of the injured did not show any blackening on the entrance wound---Firing from such close distance might also result into exit wound but the same was also not found in medical certificate---Circumstances established that the evidence furnished by the prosecution was of…

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