Law: Criminal Procedure Code (V of 1898)

Section: 417

Law: Pakistan Penal Code, 1860

Section: 148,149,302,337-J,377

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 417--Pakistan Penal Code, (XLV of 1860), Ss. 302, 377, 337-J, 148 & 149--Appeal against acquittal--Qatl-i-Amd--Dismissal of--Appellant challenges rendered by Additional Sessions Judge, whereby respondent no. 2 was acquitted of charges--Respondent No. 02 was tried for committing Qatl-i-Amd of one 9/10 years old boy--Allegation against said respondent was that of throttling and committing sodomy with deceased, who was taken away from his house on day of occurrence and was crying, when seen by prosecution witnesses--Cause of death was asphyxia witnesses claimed to have seen occurrence i.e. commission of sodomy and then throttling by respondent--Trial Court disbelieved eye-witnesses for following reasons--Conclusion drawn by learned trial judge is neither arbitrary, fanciful nor artificial in nature--Judgment returned by learned trial Court is a fair based on proper, just and legal appreciation of evidence available on record--Appellant failed to show that impugned was fanciful or based on no evidence--Appeal against acquittal and ground which may justify interference have engage attention of apex Court in several cases--It may not be possible to refer all precedents case law on point, however, in a celebrated --Appraisal of evidence it comes to conclusion different from that of Court acquitting accused provided both conclusion are reasonably possible--Important test visualized in this case was that finding sought to be interfered with, after scrutiny should be found wholly as artificial, shocking and ridiculous--No illegality, perversity or infirmity was hinted--Appeal is dismissed. PLD 1985 SC 11, ref. THIS ORDER PASSED BY: ASJAD JAVAID GHURAL, JUSTICE---.--- Muhammad Sajid, appellant challenges the judgment dated 20.12.2017 rendered by learned Additional Sessions Judge, Chichawatni, in case F.I.R. No. 450/2016 dated 16.08.2016, under Sections 302, 377, 337-J, 148, 149, P.P.C., registered at Police Station Saddar Chichawatni, Sahiwal whereby Respondent No. 2 was acquitted of the charges. 2. The facts, in brief, are that on 16.08.2016, Respondent No. 2 alongwith one Abdul Rehman after committing sodomy with…

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