Law: Penal Code (XLV of 1860)

Section: 302,34

Law: Criminal Procedure Code (V of 1898)

Section: 417,161

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Criminal Procedure Code (V of 1898), Ss. 417 & 161---Qatl-i-amd and common intention---Appreciation of evidence---Appeal against acquittal--- Delayed supplementary statement---Effect---Complainant assailed the acquittal of accused persons---Complainant had witnessed the occurrence and had reported the matter promptly against unknown persons, but no description of the accused persons was mentioned in his written report---Supplementary statement was filed by complainant after 62 days wherein he nominated the accused---Supplementary statement had lost its evidentiary value in the eyes of law, as in such period consultation and concoction could not be ruled out, as besides the complainant had initially lodged the FIR against unknown persons---Two of the alleged witnesses of the incident had not appeared despite issuance of bailable and non-bailable warrants---Another alleged eye-witness had got recorded her statement after 26 days of the incident without any explanation and there was nothing on record to show as to why she remained mum for such period---Statement of such witness was not admissible in the eyes of law---Since description of accused persons was not given in the FIR, therefore, there arose no question of identification of accused persons---Appeal was dismissed. Shahid Hussain alias Multani v. The State and others 2011 SCMR 1673 and Rahat Ali v. The State 2010 SCMR 584 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 417---Appeal against acquittal---Scope---Law regards the conviction of a single innocent person as infinitely more serious than the acquittal of many guilty persons---Appeal against acquittal is an extraordinary remedy and is restricted to cases of a grave miscarriage of justice---Accused is presumed to be innocent in law and if after the regular trial he is acquitted, he earns a double presumption of innocence and there is a heavy onus on the prosecution to rebut the said presumption---Under Article 9 of the Constitution of Pakistan right to life and liberty is a fundamental right guaranteed to a person, therefore, once an accused, duly tried and acquitted by the court of…

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