Law: Penal Code (XLV of 1860)

Section: 302

Law: Criminal Procedure Code (V of 1898)

Section: 417(2),417

(a) Penal Code (XLV of 1860)--- ----S. 302---Criminal Procedure Code (V of 1898), S.417 (2-A)---Qatl-i-amd---Appreciation of evidence---Appeal against acquittal---Presumption---Benefit of doubt--- Scope--- Complainant was aggrieved of acquittal of accused on the plea that co-accused was convicted and sentenced on the same evidence---Validity---Evidence collected during investigation and furnished during trial was silent about presence of accused all or around scene of occurrence---Accused did not participate in commission of offence and his involvement in incident with specific role was not substantiated---Trial Court gave accused benefit of doubt not as a matter of grace but as a matter of right---Benefit of doubt was not grace but right of accused; it was not necessary that there should be many circumstances creating doubts---Even a single circumstance creating reasonable doubt in a prudent mind about guilt of accused made him entitled to its benefit not as a matter of grace and concession but as a matter of right---High Court declined to interfere in acquittal of accused as there was no illegality, material irregularity or jurisdiction defect in passed by Trial Court---Appeal was dismissed in circumstances. Muhammad Akram v. State 2009 SCMR 230 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 417---Appeal against acquittal---Presumption---Order of acquittal cannot be interfered with because presumption of innocence of accused is further strengthened by acquittal---Appeal against of acquittal is to interfere only when there are compelling and substantial reasons for doing so---If of acquittal is clearly unreasonable, only then it is a compelling reason for interference. (c) Criminal trial--- ----Appreciation of evidence---View favoring accused---Scope---If two views are possible on evidence adduced in case, one pointing to guilt of accused and the other to his innocence, view which is favorable to accused to be adopted. (d) Administration of justice--- ----Miscarriage of justice, which may arise from acquittal of guilty is less than convicting an innocent. JUDGMENT SHAHID KHAN, J.---Sarwar Khan, the appellant / complainant, has called in question,…

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