Law: Criminal Procedure Code (V of 1898)

Section: 417(2-A)

Law: Pakistan Penal Code, 1860

Section: 365-B,302,34

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 417(2-A)--Pakistan Penal Code, (XLV of 1860), Ss. 365-B, 302 34--Appeal against acquittal--Deceased was kidnapped or murdered then there was no need to complete all these proceedings openly rather culprit makes all efforts normally to conceal his offence and destroy all available evidence--So far as medical evidence aften exhumation of dead body of (deceased), post mortem was conducted by lady Doctor who did not suggest any special symptoms which could led to conclusion that death of (deceased) was unnatural--Similarly, as per report of no seminal material was detected, therefore, medical evidence also did not support version of prosecution that deceased was ever subjected to rape or her death was unnatural--Trial Court has rightly acquitted respondent due to discrepancies--Principles for setting aside acquittal are now well settled--Impugned is neither perverse, illegal, ridiculous nor there was any misreading of evidence leading to miscarriage of justice--Prosecution has failed to prove case against accused--Case of prosecution is fraught with doubts and respondent was not obliged to establish number of circumstances, creating a reasonable doubt in prudent mind even a single circumstance is sufficient to extent benefit of same--It is well settled law that every accused, after his acquittal, had earned a double presumption of innocence, for rebuttal of which heavy onus lay on prosecution but it had failed to discharge same--Finding of acquittal of accused recorded by trial Court was neither arbitrary nor capricious to warrant interference--Appeal was dismissed. 2014 SCMR 749 and 2008 SCMR 329. ORDER Through this appeal u/S. 417(2-A), Cr.P.C., the appellant has assailed the vires of judgment dated 30.05.2018 passed by the learned Additional Sessions Judge Taxila, through which he acquitted Respondent No.1 in case F.I.R. No. 399 dated 29.09.2016, offence u/S. 365-B, 302, 34, P.P.C., registered at Police Station Wah Cantt. 2. The short-lived facts of the prosecution case as narrated by the appellant, Faraz Ahmed Qureshi, complainant/PW5 through complaint Ex.PK, are that he is resident of Shadman Town near 26-Area…

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