Law: Penal Code (XLV of 1860)

Section: 324,337-A(II)

Law: Criminal Procedure Code (V of 1898)

Section: 417

(a) Penal Code (XLV of 1860)--- ----Ss.324 337-A(ii)---Criminal Procedure Code (V of 1898), S.417---Attempt to commit Qatl-i-amd and Shajjah-i-Mudihah---Appreciation of evidence---Appeal against acquittal---Onus to prove---Chance witness---Complainant was aggrieved of acquittal of accused persons by Trial Court---Validity---Prosecution was to prove its case beyond doubt and such burden could not shift from prosecution even if accused persons had taken up any particular plea and failed in that---Trial Court rightly held that story of occurrence as narrated and deposed by eyewitnesses was full of doubts and it could not be accepted by a judicial mind---Opinion of medical board made Medico Legal Report as doubtful---Both eye-witnesses were also discrepant on the manner and mode of their arrival at crime scene---Complainant failed to advance any ground to justify setting aside of acquittal ---No misreading or non-reading of evidence nor findings of Trial Court were patently illegal---High Court declined to interfere in of acquittal passed by Trial Court as findings of acquittal were not perverse, shocking, alarming or suffering from errors of jurisdiction and misreading or non-reading of evidence---Appeal was dismissed, in circumstances. Zulfiqar Ali v. Imtiaz and others 2019 SCMR 1315; Muhammad Karim v. The State 2009 SCMR 230; Muhammad Imran v. The State 2020 SCMR 857; Ghulam Akbar and another v. The State 2008 SCMR 1064; Sanaullah v. The State through Prosecutor General 2015 PCr.LJ. 382 and Inayatullah Butt v. Muhammad Javed and 2 others PLD 2003 SC 562 rel. (b) Criminal Procedure Code (V of 1898)--- ----S.417---Appeal against acquittal---Presumption of innocence---Scope---Interference in appeal against acquittal is the most narrow and limited because in an acquittal presumption of innocence significantly adds to cardinal rule of criminal jurisprudence that an accused is presumed to be innocent until proved guilty---Presumption of innocence is doubled and Courts are very slow in interfering with such an acquittal unless it is shown to be perverse, passed in gross violation of law, suffering from errors of grave misreading or non-reading of evidence--- Such s…

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