Law: Criminal Procedure Code (V of 1898)

Section: 265(D),410,417(2A)

Law: Pakistan Penal Code, 1860

Section: 148,149,186,324,337-A(i),337-F(i)

(a) Criminal Procedure Code (V of 1898)--- ----S.265(D)---Framing of charge---Scope---Trial Court had not only to consider the police report or the complaint for framing of charge but all other documents and statements available on record. 2004 YLR 1802; 2002 SCMR 63 and 1985 SCMR 1314 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 324, 337-A(i), 337-F(i), 186, 148 & 149----Attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Appeal against acquittal---Prosecution case was that respondents/ accused persons assaulted on the complainant party, made firing on them, due to which two persons of the complainant party became injured---Prosecution was unable to point out any misreading, non-reading of its evidence by the Trial Court in the impugned ---Judgment appeared to be elaborate, well reasoned and based on correct appreciation of evidence, which did not warrant interference---Appeal was dismissed. (c) Criminal trial--- ----Benefit of doubt---Principle---Prosecution was bound to prove its case against the accused beyond reasonable doubt---If some doubts had been created in the prosecution case the accused would be acquitted not as a matter of grace but as a matter of right. (d) Criminal Procedure Code (V of 1898)--- ----Ss. 417(2-A) & 410---"Appeal against acquittal" and "appeal against conviction"---Scope---Appeal against acquittal was quite different from the appeal preferred against the findings of conviction---Appellate jurisdiction under S. 417 Cr.P.C. could be exercised by the court if gross injustice had been done, 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. 2002 SCMR 713 rel. (e) Criminal Procedure Code (V of 1898)--- ----S.417(2-A)---Appeal against acquittal---Scope---Accused earned double presumption of innocence in case of acquittal, till found guilty he…

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