Law: Criminal Procedure Code (V of 1898)

Section: 417(2)

Law: Pakistan Penal Code, 1860

Section: 148,149,324,337-F(iii),337-F(vi)

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 417(2)--Pakistan Penal Code, (XLV of 1860), Ss. 324, 337-F(iii), 337-F(vi), 148 & 149--Appeal against acquittal--Criminal jurisdiction--Ocular account is contradicted by medical account--Validity--A vaguely formulated was also disbelieved by trial Court--Impugned is reflective of a possible view based upon evidence adduced before trial Judge--It is by now well settled that once acquittal is granted, exceptionally strong grounds are required to recall freedom, lacking altogether High Court has not been able to find out a single reason to interfere with findings of acquittal which conferred on respondent a double presumption of innocence, hence, criminal appeal was dismissed. ORDER Impugned herein is judgment dated 28.10.2016, by the learned Sessions Judge at Attock whereby he acquitted respondent No. l in a case registered against him vide FIR No. 152 dated 22.6.2008 under Sections 324, 337-F(iii), F(vi), 148 & 149 of the Pakistan Penal Code, 1860 with Police Station Saddar Attock. As per prosecution case, Mazhar Khan respondent was tried alongside Muhammad Ashraf, Gulzar Khan, Ashiq and Askat for murderous assault on Muqarab Khan and Asad Khan PWs within the remit of Police Station Saddar Attock. The learned trial Magistrate acquitted the accused barring respondent from the charge; he was convicted under Section 324 of the Code ibid to undergo 5-years RI with a fine of Rs. 30,000/- or to undergo two months SI in the event of default and for the injuries consequent upon the assault, he was additionally convicted under Section 337 Fvi of the Code ibid and directed to pay Daman in the sum of Rs. 45000/- and to further undergo 3-years RI as Tazir. It is alleged that on the eventful day at about 5:15 p.m. armed with a firearm weapon, he targeted right arm of Muqarrab PW whereas Ashraf co-accused selected back of Asad Khan PW for a…

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