Law: Pakistan Penal Code, 1860

Section: 147,148,149,302

Law: Qanun-e-Shahadat (10 of 1984)

Section: 22

Law: Criminal Procedure Code (V of 1898)

Section: 265-K

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 147, 148 & 149---Criminal Procedure Code (V of 1898), S. 265-K---Qanun-e-Shahadat (10 of 1984), Art.22---Qatl-i-amd, rioting, armed with deadly weapon, common object---Power of court to acquit accused at any stage---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Delayed FIR---Prosecution case against accused persons was that they waylaid the complainant party when they were travelling in their vehicle and killed the brother of complainant---First Information Report was lodged with a delay of 7 hours without plausible explanation---Complainant had not explained as to why in the presence of vehicle he proceeded to police station by foot for lodging the FIR---Eye-witness had not recognized the accused persons before the Trial Court---Deceased was brought to the hospital by the police, which indicated that the complainant was not present at the spot---Witnesses were close relatives of the deceased---Prosecution had not conducted identification parade of accused persons---Empties and blood stained earth were secured from the place of occurrence after 14 days of the occurrence without any plausible reason---Trial Court had passed a reasonable order, which in the absence of misreading and non-reading of evidence did not warrant interference---Trial Court had rightly exercised jurisdiction under S. 265-K, Cr.P.C.---Appeal against acquittal was dismissed. Mehmood Ahmed and 3 others v. The State 1995 SCMR 127; 2017 SCMR 2002 and Muhammad Arif v. The State 2019 PCr.LJ 337 rel. (b) Appeal against acquittal--- ----Every accused is innocent unless proven guilty and upon acquittal by a court of competent jurisdiction such presumption attains double presumption of innocence---Strong and cogent reasons are required to dislodge such presumption. 2017 SCMR 1710 and 2017 SCMR 2007 ref. THIS ORDER PASSED BY: ABDUL HAMEED BALOCH, JUSTICE:---.--- This Criminal Acquittal Appeal is directed against the judgment dated 27.05.2019 ("impugned judgment") passed by the Additional Sessions Judge, Nasirabad at Dera Murad Jamali ("trial Court"), whereby the private respondents/accused were acquitted of the charge in FIR…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492