Law: Criminal Procedure Code (V of 1898)

Section: 439

Revisional jurisdiction-- ----It is well settled that revisional jurisdiction cannot re-embark upon re-appreciation of evidence unless finding of fact on face of it is illegal or perverse--A scrutiny of evidence which this Court has made, shows that there was mis-appreciation of evidence on record by lower Courts which has resulted in gross failure of justice warranting interference by High Court. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 439--Criminal revision--Being aggrieved by of dismissal of criminal appeal, he comes up with revision--There is significant delay in reporting incident, there was room for concoction of story as there was reason for prosecution witnesses to implicate petitioner as per contention of defence there was dispute of land between parties--Said circumstances question of their being truthful witnesses becomes highly doubtful--Presence of injured witness cannot be doubted at place of incident merely because they had injuries on their person do not stamp them to be truthful witness--Injured prosecution witness--Effect--Injuries on a prosecution witness are only indication of his presence at spot but are not affirmative proof of his credibility and truth--In opinion of High Court, both Courts below i.e. trial Court as well as appellate Court have committed grave illegality, while convicting petitioner for offence--In these circumstances, High Court is of opinion that interference of this Court with conviction of accused/petitioner for offence under Section is called for revision was dismissed. 2007 SCMR 670 Medical evidence-- ----Principle--Even by now, it is well settled principle of law that medical evidence only indicates receipt of injuries, kind of weapon used and nature of injury but it did not name assailant. PLD 2009 SC 53, 2009 SCMR 1410 and 2011 SCMR 323. Malik Muhammad Aslam, Advocate for Petitioner. Ms. Noshe Malik, Deputy Prosecutor General for State. Ch. Adeel Tariq, Advocate for Respondent No. 2 (in Crl. Revision No. 30734 of 2019) as well as for Petitioner (in Crl. Misc. No. 4505-M of 2020). hearing date: 11.2.2020. JUDGMENT This revision petition is directed against the judgment dated 03.05.2019, passed by the…

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