Law: Criminal Procedure Code (V of 1898)

Section: 417

Law: Penal Code (XLV of 1860)

Section: 302(b), 337-J, 506-B , 34

(a) Criminal Procedure Code (V of 1898)---

----S. 417---Appeal against acquittal---Scope---Double presumption of innocence---Courts are generally reluctant to overturn an acquittal unless it is demonstrated to be perverse, rendered in gross violation of the law, or vitiated by serious errors arising from a grave misreading or complete omission of evidence.

Sardaran Bibi v. The State and others 2024 SCMR 1116; The State and others v. Abdul Khaliq and others PLD 2011 SC 554 and Maqsood Alam and another v. The State 2024 SCMR 156 rel.

(b) Penal Code (XLV of 1860)---

----Ss. 302(b), 337-J, 506-B & 34---Qatl-i-amd, causing hurt by means of a poison, criminal intimidation, common intention---Appreciation of evidence--Medical evidence---No definite conclusion whether death was homicidal or suicidel----Accused were charged for committing murder of daughter of the complainant by administering poison---Woman Medico-Legal Officer, who conducted post-mortem examination of the deceased, concluded that the cause of death was due to the ingestion of insecticide (from the phosphate group), which resulted in cardio-respiratory arrest---Said witness testified that there were no signs of violence on the deceased's body---Prosecution failed to secure any food or material evidence to establish that the deceased was poisoned through ingestion---Said medical witness could not definitively determine whether the cause of death was homicidal or suicidal, thereby creating serious doubt---As a result, the benefit of doubt must be given to the accused---Appeal against acquittal was dismissed, in circumstances.