Law: Penal Code (XLV of 1860)

Section: 302/425/34

Law: Criminal Procedure Code (V of 1898)

Section: 417(2-A)

(a) Penal Code (XLV of 1860)--- ----Ss. 302/452/34--- Criminal Procedure Code (V of 1898), S.417(2-A)---Qatl-e-amd and house-trespass after preparation for hurt, assault or wrongful restraint---Appeal against acquittal---Complainant while appearing as prosecution witness denied all allegations against accused and denied the major portion of his report---Complainant the only eye-witness had resiled from the contents of his report and taken a different version---Complainant party had termed the F.I.R. as false, but it had made no efforts to record correct version---Case having become of two versions, the court would consider the version which was favourable to accused---Recovery of shotgun along with empties, was of no avail because same were received by laboratory after long delay---Statement of complainant who was declared as hostile witness, could not be of help to the complainant party---Best available evidence of aunt of complainant, who was stated to be present on the spot, had been abandoned by the prosecution, which had damaged the prosecution case because withholding of best evidence was fatal to the case---Recovery of shotgun was not proved because same was recovered after the delay of eighteen days and same was not recovered from the possession of accused---F.I.R. which was falsified by prosecution witnesses, could not be believed---Accused was charged for lalkara and no overt act had been proved against him---No case was made out by appellant for reversal of impugned acquittal of accused---No strong reason was available to reverse judgment/order of the trial acquitting accused from the charge levelled against them---Appeal against acquitted was dismissed. 2002 SCMR 1986 and 2011 A.C. 12 ref. (b) Criminal Procedure Code (V of 1898)--- -----Ss. 417(2-A) & 410---Appeal against acquittal---Principles of appeal against acquittal were different from appeal against conviction---Different parameters were applied for interference in an appeal against the acquittal and appeal against the conviction---Presumption of innocence of accused was double in case of acquittal---Appellate Court would not interfere unless conclusion reached by courts below was not…

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