Law: Criminal Procedure Code (V of 1898)

Section: 342,417(2A)

Law: Pakistan Penal Code, 1860

Section: 147,148,149,302,337-H(2),504

(a) Criminal Procedure Code (V of 1898)--- ----S.417(2A)---Appeal against acquittal---Limitation---Condonation of delay---Defaulting party while applying for condonation of delay must explain and account for each day of delay because on expiry of period of limitation a valuable right is created in favour of other party. Messrs Tribal Friends Co. v. Province of Balochistan 2002 SCMR 1903; The State v. Syed Ali Baqar Naqvi and others 2014 SCMR 671 and Mst. Sirajun-Munira v. Pakistan 1998 SCMR 785 ref. (b) Criminal Procedure Code (V of 1898)--- ----S.417(2A)---Appeal against acquittal---Judgment of acquittal should not be interjected until findings are perverse, arbitrary, foolish, artificial, speculative and ridiculous---Scope of interference in appeal against acquittal is narrow and limited because in an acquittal the presumption of innocence is significantly added to the rule of criminal jurisprudence as the accused shall be presumed to be innocent until proved guilty. The State v. Abdul Khaliq and others PLD 2011 SC 554 rel. (c) Criminal trial--- ----Benefit of doubt---Appeal against acquittal---Accused is entitled to the benefit of doubt and that in an appeal against acquittal there is a double presumption of innocence. THIS JUDGMENT DELIVERED BY: MOHAMMAD KARIM KHAN AGHA, J.--- This criminal acquittal appeal has been filed by appellant Athar Khan against the judgment dated 30.07.2013, passed by the learned 1st. Additional Sessions Judge, Mirpurkhas in Sessions Case No.39 of 2008 (re-The State v. Abdul Majeed and others) under Crime No.259 of 2007, registered at P.S Town under sections 302, 147, 148, 149, 504, 337-H(2), P.P.C., whereby the learned trial Court after full dressed trial acquitted the private respondents by giving them the benefit of the doubt. 2. Precisely, the brief facts of the prosecution case as disclosed in the FIR which was lodged at Police Station Town by complainant Athar Khan, are as under:-- "Complainant Athar Khan on 10.12.2007 appeared at Police Station Town and lodged his FIR stating therein that "he and his son Raees alias Guddo are starter on bus. Today on 10.12.2007, boarded passengers on SRTC Bus No.3103 at Station Chowk. He…

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