Law: Penal Code (XLV of 1860)

Section: 324,148,149&109

(a) Penal Code (XLV of 1860)--- ----Ss. 324, 148, 149 109---Attempt to commit qalt-i-amd, rioting, armed with deadly weapon, abetment---Appreciation of evidence---Appeal against acquittal---Contradiction in medical and ocular evidence---Related witnesses---Scope assailed the acquittal of accused persons--- Medico Legal Certificate transpired that the injuries on the person of complainant were 4/5 days old, which totally belied the ocular account---Medical evidence was a corroborative/supportive piece of evidence and by itself could not identify the accused, but it carried weight---Eye-witness stated that the firing was made from the distance of two feet while as per Medical Legal Certificate there was burning around the wound, meaning thereby that the fire was made from 4/5 feet---Bloodstained clothes and earth were received in the Forensic Laboratory after 17 days of the occurrence---Firing was allegedly made by nine persons while the prosecution secured only 4 empties from the spot and the same were not even sent to the Arms Expert---Witnesses were closely related to the complainant---Nothing was recovered from the possession of the accused persons---Appeal against acquittal was dismissed, in circumstances. Mst. Anwar Begum v. Akhtar Hussain alias Kaka 2017 SCMR 1710 and Zaheer Sadiq v. Muhammad Ijaz 2017 SCMR 2007 ref. Barkat Ali v Muhammad Asif 2007 SCMR 1812 and Muhammad Irshad v. The State 1999 SCMR 1030 rel. (b) Criminal trial--- ----Evidence---Corroboration---Scope---Rule of caution requires for independent corroboration where enmity exists between the parties. (c) Criminal trial--- ----Proof---Duty of prosecution---Scope---Prosecution is bound to prove its case against the accused beyond reasonable doubt. (d) Criminal Procedure Code (V of 1898)--- ----S. 417---Appeal against acquittal---Scope---Order of acquittal is not to be interfered because the presumption of innocence of accused further strengthens by acquittal. JUDGMENT ABDUL HAMEED BALOCH, JUSTICE:---.--- This criminal acquittal appeal has been directed against the judgment dated 30-10-2015 (impugned judgment), passed by learned Sessions Judge Barkhan at Rakhni (trial court), whereby the…

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