Law:

Section:

Penal Code (XLV of 1860)--- ----Ss.302/376/34---Criminal Procedure Code (V of 1898), S. 417(2-A)---Qatl-e-amd, dacoity with murder, common intention---Appeal against acquittal---Appreciation of evidence---Prosecution had been able to prove its charge against convicted accused in view of his confessional statement and on account of recoveries so made from him---Case of accused persons was on totally different footings, because except for being charged in the F.I.R., nothing was on record to remotely connect them with the commission of offence as no eye-witness of the occurrence was on record, therefore recoveries effected and medical report had nothing to do with accused persons---Nothing material was available on record to show involvement of accused persons in the commission of offence---Accused had rightly been acquitted on the basis of available record by the Trial Court, which did not call for interference---Once accused was acquitted by the competent court of law after facing the agonies of protracted trial, then he would earn the presumption of double innocence, which could not be disturbed by the appellate court, unless it was established through cogent and reliable evidence available on record that the order of acquittal was fanciful, erroneous, or had resulted into grave miscarriage of justice, which was lacking in the case. Ghulam Sikandar and another v. Mamaraz Khan and others PLD 1985 SC 11; 2004 SCMR 249; 2009 SCMR 288 and 2009 SCMR 946 rel. JUDGMENT QAISER RASHID KHAN, J.---Aggrieved of the judgment dated, 29-6-2011 of the learned Additional Sessions Judge-V D.I.Khan acquitting the respondents charged in case F.I.R. No.178 dated 26-7-2010 of Police Station Dera Town, Tehsil and District D.I.Khan registered under sections 302/376/34. P.P.C., the appellant has filed the instant appeal. 2. Compendium facts leading to the instant appeal are that on 26-7-2010 at 1115 hours, the appellant/complainant along with the dead body of his daughter Mst.Shahnaz Bibi reported to the local police that his daughter was married to Karam Elahi who had gone to Saudi Arabia in connection with his job and that his daughter was residing with her in-laws at Zafar Abbad…

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