Law: Criminal Procedure Code (V of 1898)

Section: 417,417(2A),422

Law: Pakistan Penal Code, 1860

Section: 34,302(b)

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 417 & 422---Appeal against acquittal---Issuance of notice of appeal to accused---Procedure to proceed with appeal, either against conviction or acquittal, had been given in S.422, Cr.P.C.---Appellate court would cause notice to be given to accused in case of appeal under S.417, Cr.P.C.---Issuance of notice was essential, but service of notice was not a compulsion in order to decide the appeal; particularly, when whereabouts of accused, since acquitted, were not known and efforts were made by the court to procure their attendance by issuance of process time and again. (b) Criminal Procedure Code (V of 1898)--- ----S.417(2-A)---Appeal against acquittal---Interference--- Scope--- Yardstick for interference in the of acquittal, was entirely different from the principles for reappraisal of evidence in case of conviction---Normally, appellate court would be reluctant to interfere with the findings of court below reaching to a different conclusion, unless acquittal order was contrary to the proved facts of prosecution case, perverse or bad in law---After securing the of acquittal from the lower court, appeal against acquittal would not be allowed when prosecution failed to prove that the grounds on which Trial Court based the acquittal were un-reasonable unsound or manifestly wrong---Interference would be only permissible if the reasons advanced by Trial Court, while recording acquittal, were speculative or artificial in nature or based on no evidence---Substitution of opinion would not be permissible, if findings assailed were result of proper appreciation of evidence. Hayat Bakhsh and others v. The State PLD 1981 SC 265 and Bashir alias Bashira and another v. The State and others 1995 SCMR 276 ref. (c) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), S.417(2-A)---Qatl-i-amd, common intention---Appeal against acquittal---Occurrence had taken place at night---Case was registered against un-known accused---Complainant maintained that he saw the assailants in the moonlight---Mode of identifying accused in such a manner at the time of occurrence could not be acted upon---Name of one…

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