Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 410 & 417---"Appeal against conviction" and "appeal against acquittal"---Parameters---Appeal against acquittal had distinctive features---Approach to deal with the appeal against conviction was distinguishable from the appeal against acquittal---Presumption of double innocence was attached in case of acquittal---Order of acquittal could only be interfered with, if it was found on its face to be capricious, perverse, arbitrary in nature or based on misreading, non-reading of evidence or was artificial, arbitrary and led to gross miscarriage of justice---Mere disregard of technicalities in a criminal trial without resulting injustice was not enough for interference. (b) Criminal Procedure Code (V of 1898)--- ----S. 417---Appeal against acquittal---Scope---While examining the facts in the order of acquittal, substantial weight should be given to the findings of the Trial Court, whereby accused was exonerated from the commission of crime. Muhammad Ijaz Ahmed v. Fahim Afzal 1998 SCMR 1281 and Jehangir v. Aminullah and others 2010 SCMR 491 rel. (c) Criminal trial--- ----Benefit of doubt---Principle---If there was doubt about guilt of accused, its benefit would go to him---Court would never come to the rescue of prosecution to fill-up the lacuna appeared in evidence of prosecution case. (d) Penal Code (XLV of 1860)--- ----Ss. 420, 468, 471, 408 & 34---Cheating and dishonestly inducing delivery of property, forgery for the purpose of cheating, using as genuine a forged document, criminal breach of trust, common intention---Appreciation of evidence---Appeal against acquittal---Prosecution case was that the employee of the (complainant) company committed fraud and theft in sales and accounts department in connivance with the accused-respondent---Accused-respondent fraudulently got encashed the company's cheques of Rs. 1,78,9662/- in lieu of demand draft of Rs. 60,95,287/- but he did not pay---Record showed that there was hardly any probability or infirmity in the order of acquittal recorded by the Trial Court---Said order of acquittal was based on sound and cogent reasons, which did not warrant any…

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