Law: Criminal Procedure Code (V of 1898)

Section: 417

(a) Criminal Procedure Code (V of 1898) S. 417-Appeal against acquittal-Appreciation of evidence-- Contention that though contradictions and even improvements in statements of eye-witnesses existing yet of no consequences and ocular evidence cannot be discarded, held, had no force-Apprecia tion of evidence and to draw inference from same exclusively vests with trial Court-Such discretion to be exercised in a judicial manner --- Conclusion arrived at not resulting into any error of law or fact or miscarriage of justice-Impugned judgment not suffering from any such defect, hence, appeal against acquittal dismissed in circumstances of case.-[Appeal against acquittal --Evidence]. (b) Criminal Procedure Code (V of 1898) S. 417-Appeal against acquittal--Filing of appeal against acquittal as a matter of routine deprecated-Principles governing such appeal stated. Fateh Muhammad v. Baggo and others P L D 1960 S C 286 and Shall Nawaz v. Lal Khan and 2 others 1972 S C M R 286 rel.                                                                                                                                      JUDGMENT GHULAM MUJADDID MIRZA, J.-This is an appeal by the State against the judgment of the Additional Sessions Judge, Kasur, dated 12thDecember, 1979, whereby the three respondents charged for the murder of Nazir Ahmad, were acquitted. 2. Learned Assistant Advocate General appearing in support of this appeal conceded that there were some contradictions and even improvements in the statements of the two eye-witnesses, but according to him these were of no consequence hence the ocular evidence could not discarded. We do not think it is a good ground for interference in the judgment of an acquittal. Appreciation of evidence and to draw inference from the same exclusively vests with the trial Court, but this discretion is to be exercised…