Law: Pakistan Penal Code, 1860

Section: 381,411

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

Section: 14

Penal Code (XLV of 1860)--- ----Ss. 381 & 411---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.14---Criminal Procedure Code (V of 1898), S.417(2A)---Extortion---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Two versions---Press reporting--- Accused was arrested for stealing motor car from a public park but newspaper reported differently---Complainant was aggrieved of acquittal of accused under S. 265-K, Cr.P.C. by Trial Court---Validity---Two versions regarding mode and manner of arrest of accused and recovery of vehicle made the case of accused highly doubtful--- If the news was not correct then police should have denied the same or any other action might have been taken against that newspaper for publishing false news--- If the news was correctly published in newspaper, then recovery memo was fake as accused had already been arrested by police--- Except recovery of stolen vehicle there was nothing with prosecution to connect accused with commission of offence--- Slightest doubt in prosecution case was sufficient to acquit an accused--- For extending benefit of doubt, it was not necessary that there should be many circumstances creating doubts, single circumstance, creating reasonable doubt in prudent mind about guilt of accused entitled accused to its benefit not as a matter of grace or concession but as a matter of right--- Standard for appreciation of evidence was different than the one in appeal against conviction--- Once accused was acquitted, then he had earned double presumption of his innocence, which could not be taken away from him unless it was shown that the of acquittal was based on surmises or presumptions--- Trial Court had rightly acquitted the accused in exercise of jurisdiction under S. 265-K, Cr.P.C.---Appeal was dismissed, in circumstances. 2009 SCMR 230; 2011 SCMR 664; 2011 SCMR 646; 1984 PLD SC 433; 2012 MLD 1358; 2007 SCMR 1825; 2008 PCr.LJ 376; 1994 PLD Pesh. 114; 2012 PLD Pesh. 01; 1999 PCr.LJ 1087; 1997 SCMR 449; 2011 SCMR 820 and 2006 PCr.LJ 1002 rel. THIS JUDGMENT DELIVERED BY: AHMAD ALI, JUSTICE:---.--- This criminal appeal under section 417 (2-A) Cr.P.C is directed…

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