Law: Criminal Procedure Code (V of 1898)

Section: 164,417

Law: Pakistan Penal Code, 1860

Section: 302

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 417--Pakistan Penal Code, (XLV of 1860), S. 302--Appeal against acquittal--Offence of murder--Allegation of illicit relation with deceased--Appreciation of evidence--Recovery of mobile phone--Mobile SIM allegedly recovered from dead body of deceased stands registered in name of "W" whereas SIM recovered from accused/ respondent has been registered in name of "A"--Similarly, SIM No. 0348-2610507 is registered in name of accused/respondent but it is not ascertainable as to from where same was recovered because of non-availability of recovery memo thereof--On basis of three SIMs and CDR record, it cannot be said with certainty that accused/respondent was responsible for murder of deceased--In addition, neither weapon of offence nor any other incriminating recovery has been made from accused/respondent or on his pointation--Furthermore, motive has not been established through evidence--Trial Court after proper appreciation of available case evidence has rightly granted acquittal to accused/respondent as his participation in crime could not be proved by prosecution beyond reasonable doubts--While reaching to its conclusion qua acquittal of accused/respondent, learned trial Court has not committed any illegality or irregularity, therefore, no exception could be taken by this Court to of trial Court--Appeal dismissed. Acquittal-- ----It is well settled principle of law that once an accused is acquitted, then he earns double presumption of his innocence, which cannot be taken away from him unless it is shown that of acquittal is arbitrary or contrary to case evidence, which is not case in hand. THIS ORDER PASSED BY: MUHAMMAD NASIR MAHFOOZ, J.- This criminal appeal is directed against the judgment dated 09.06.2018 passed by learned District & Sessions Judge/Judge on Special Task, Katlang delivered in case FIR No. 507 dated 03.12.2015 u/S. 302, PPC of Police Station Katlang District Mardan, whereby accused/respondent has been acquitted of the charge leveled against him. 2. As per contents of FIR, on 03.12.2015, Musarraf Shah Sl alongwith other police contingent was on gusht of the area when received information to…

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