Law: Criminal Procedure Code (V of 1898)

Section: 417(2A)

(a) Criminal Procedure Code (V of 1898)--- ----S. 417(2A)---Appeal against acquittal---Limitation---Scope---Appellant has to explain and give reasons for each and every day of delay in filing appeal, if it is time-barred. (b) Criminal Procedure Code (V of 1898)--- ----S.417(2A)---Appeal against acquittal---Benefit of doubt---Appeal against acquittal has distinctive features and approach to deal with the appeal against conviction because presumption of double innocence is attached in the later case---Order of acquittal can only be interfered with, if it is found on its face to be capricious, perverse, arbitrary in nature or based on misreading, non-appraisal of evidence or is artificial, arbitrary and lead to gross miscarriage of justice---Mere disregard of technicalities in a criminal trial without resulting injustice is not enough for interference---Judgment of acquittal gives rise to strong presumption of innocence rather double presumption of innocence is attached to such an order---While examining facts in the order of acquittal, substantial weight was to be given to the finding of the lower courts, whereby accused was exonerated from the commission of crime---Acquittal would be unquestionable when it could not be said that acquittal was either perverse or that acquittal was improper or incorrect---Whenever there is doubt about the guilt of accused, its benefit must go to him and court would never come to the rescue of prosecution to fill up lacuna appearing in evidence of prosecution case as it would be against established principles of dispensation of criminal justice. Muhammad Ijaz v. Fahim Afzal 1998 SCMR 1281 and Jehangir v. Amin Ullah and others 2010 SCMR 491 ref. THIS ORDER PASSED BY: AFTAB AHMED GORAR, J.--- The appellant being dissatisfied with the acquittal order dated 17-03-2014 passed by the learned V-Assistant Session Judge, Karachi [South] passed in favour of respondent approached this court by filing the instant appeal. 2. At the very outset, learned counsel has to face the question of limitation. The order of acquittal was passed on 17.03.2014, whereas the appeal against the said order was filed on 21-04-2014, whereas it should have been…

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