Law: Penal Code (XLV of 1860)

Section: 324,394,109,34

(a) Appeal against acquittal--- ----Double presumption of innocence---Interference---Scope---In appeal against acquittal, the accused was presumed to be innocent and if after trial, he was acquitted, he earned double presumption of innocence---Acquittal or order normally did not call for any interference unless it was found arbitrary, capricious, fanciful, artificial, shocking and ridiculous---While evaluating the evidence, difference was to be maintained in an appeal from conviction and an acquittal appeal and in the latter case the interference was to be made only when there was none reading and gross misreading of the evidence, resulting the miscarriage of justice and on perusal of the evidence no other decision could be given except that the accused was guilty. Yar Muhammad and 3 others v. The State 1992 SCMR 96; Muhammad Shafi v. Muhammad Raza and another 2008 SCMR 329; State/Government of Sindh through Advocate General, Sindh, Karachi v. Sobharo 1993 SCMR 585; Muhammad Yaqoob v. Manzoor Hussain and 3 others 2008 SCMR 1549 and State and others v. Abdul Khaliq and others PLD 2011 SC 554 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 324, 353, 394, 109 34---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty; voluntarily causing hurt in committing robbery, abetment, common intention---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Night-time occurrence---Source of light---Chance witnesses---No justification of presence of witnesses at the place of occurrence---Scope---Prosecution case was that the accused party assaulted on complainant party, made firing, due to which complainant and a passerby were hit and became injured and they snatched the rifle from the complainant---Record showed that the private injured persons had not implicated as respondents---Injured witness had deposed that he could not identify any of the accused present in the court because there was complete darkness---No other source of light was there---Said witness knew the accused persons because they were neighbours---Said witness did not see any other motorcycle except their own and did not see any person…

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