Law: Criminal Procedure Code (V of 1898)

Section: 435,439,554

  Criminal Procedure Code (V of 1898), Ss. 435 & 439 Revisional powers of High Court-Concurrent finding of fact -Whether and when can be disturbed-Revision vis-a-vis appeal.   Legally speaking, the High Court can entertain a revision petition, challenging the concurrent finding of fact, but, as a matter of practice, it is done very sparingly and only in cases, where the petitioner makes out a case that, the conviction ought not to have been recorded. There is a distinction, however fine it may be, between an appeal against a conviction and a revision. In the case of the former, the approach of the appellate Court is that it would interfere in conviction, unless the guilt of the accused is proved beyond reasonable doubt, but in revision, the conviction is to be sustained unless it is proved : that the finding has been arrived at contrary to the well established rules of evidence, or that there is no logical evidence to support the finding, or that the finding arrived at, is perverse or such that no reasonable man could have arrived at it on the evidence produced. It was never the intention of the Legislature to grant right of appeal in some cases and to withhold that right in others. To put it differently, in revisions, the High Court would not substitute its own appraisement of the evidence for that of the Court or Courts below, so long as there is legal evidence to sustain the conviction. But sitting in appeal the High Court would readily accept the view favourable to the accused, if the case is suscept ible of two views. The other distinction between an appeal and a revision is that the appeal is of right, while the revisional powers are discretionary to be exercised only to prevent miscarriage of justice.   Criminal Procedure Code (V of 1898), S. 544-A [as inserted by Code of Criminal Procedure (West Pakistan Amendment) Act (XI of 1963)-Compensation to heirs of person killed, etc. Incumbent on prosecution to lead evidence in regard to capacity of accused to pay fine-No material on record to show financial position of accused-Order in regard to compensation set aside.   Dates of hearing : 25th and 28th June 1965.   JUDGMENT  …