Law: Criminal Procedure Code (V of 1898)

Section: 154,417

Law: Offences Against Property (Enforcement of Hudood) Ordinance, 1979

Section: 17(3)

Law: Penal Code (XLV of 1860)

Section: 412

(a) Criminal trial--- ----Benefit of doubt---Principle---Even if there is a single circumstance which creates a reasonable doubt in a prudent mind about guilt of accused, then the accused is entitled to such benefit not as a matter of grace but as a matter of right---Conviction cannot be based on high probabilities and suspicion cannot take place of proof. Muhammad Mansha v. The State 2018 SCMR 772 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 154---First Information Report (FIR)---Evidentiary value---Inordinate delay---Effect---No legal sanctity is attached to the FIR registered after inordinate delay, merely on disclosure of some source of information. (c) Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979)--- ----S.17(3)---Penal Code (XLV of 1860), S. 412---Criminal Procedure Code (V of 1898), S. 417---Harabah and receiving stolen property--- Appreciation of evidence---Appeal against acquittal---Complainant was aggrieved of passed by Trial Court acquitting accused of the charge---Validity---Appellate Court was not to disturb acquittal, if main grounds on which Trial Court had based its acquittal order were reasonable and plausible and could not be dislodged or demolished---Federal Shariat Court declined to interfere in order of acquittal as there was no improbability or infirmity in the of acquittal passed by Trial Court which was based on sound and cogent reasons---Appeal was dismissed, in circumstances. JUDGMENT SYED MUHAMMAD FAROOQ SHAH, JUSTICE:---.--- The Captioned appeal under section 417, Cr.P.C. has been directed against the judgment authored and pronounced on 30.11.2012, by the learned Additional Sessions Judge-XIV, Peshawar, in case FIR No. 301, dated 29.7.2009, under section 17(3) Harabah/412, P.P.C., registered with Police Station Shah Qabool, Peshawar, thereby the respondents Nos.1 and 2 have been acquitted of the charge of offences punishable under section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, read with section 412, P.P.C. The appellant has made a prayer that on acceptance of the appeal, the impugned judgment passed by the learned trial Court may be set aside and…

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