Law: Criminal Procedure Code (V of 1898)

Section: 417(2A)

(a) Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979)--- ----S.17(3)---Haraabah---Appreciation of evidence---Appeal against acquittal---Prosecution case was that accused persons with opened faces entered into the house of complainant, with pistols in their folds, they snatched keys of cupboard on gun point, robbed gold ornaments, cash and mobile phone and went away---Record reflected that the allegations levelled in the FIR lodged after eighteen days of the alleged occurrence could not be substantiated or established through evidence---Record showed that prosecution had failed to bring home the charge against the accused persons beyond reasonable doubt and the defence succeeded to create serious doubt and dents in the prosecution case---Trial Court had rightly acquitted the accused persons of the charge---No case of interference in the impugned was made out---Appeal against acquittal having no merits was dismissed in limine. (b) Criminal Procedure Code (V of 1898)--- ----S. 417(2-A)---Appeal against acquittal and appeal against conviction---Scope---Appeal against acquittal was quite different from the appeal against the findings of conviction and sentence---Appellate jurisdiction under S. 417, Cr.P.C. could be exercised by the Court if gross injustice had been done in the administration of criminal justice, more particularly, wherein, findings given by trial court were perverse, illegal and based on misreading of evidence, leading to miscarriage of justice or where reasons advanced by the Trial Court were wholly artificial---Scope of appeal against acquittal of accused was considerably limited, because presumption of double innocence of the accused was attached to the order of acquittal. (c) Criminal Procedure Code (V of 1898)--- ----S.417(2-A)---Appeal against acquittal---Scope---Accused earned double presumption of innocence with the acquittal, firstly, he had to be considered innocent till found guilty and secondly, acquittal by Trial Court further confirmed the presumption of innocence. (d) Criminal trial--- ----Benefit of doubt---Principle---Single circumstance creating reasonable doubt in a prudent mind about guilt of the accused…

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