Law: Criminal Procedure Code (V of 1898)

Section: 417

  Criminal Procedure Code (V of 1898), S. 417-Appeal against acquittal-Principles to be followed.   In deciding an appeal against acquittal what has to be borne in mind is:-   The views of the trial Judge as to the credibility of the witnesses,   the presumption of innocence in favour of the accused, apresumption certainly not weakened by the fact that he has been acquitted by the trial Court,   the right of an accused person to the benefit of doubt,   the slowness of an appellate Court in disturbing a findingof fact arrived at by a Judge who had the advantage of seeing the witnesses.   In considering these principles so laid down in dealing with an appeal against acquittal the views of the trial Judge in regard to the credibility of the prosecution witnesses and the slowness of an appellate Court in disturbing the finding of fact must always be kept in mind and where the trial Judge has disbelieved them and rejected the entire evidence brought against an accused person the appellate Court has to be extra cautious in accepting all such evidence.   Sheo Swarup v. King Emperor A I R 1934 P C 227 and Criminal Appeal No. 27 of 1961 (unreported) ref.   Date of hearing: 9th December 1965.   JUDGMENT   KADIR NAWAZ AWAN, J.-----This is an appeal under section 417, Cr. P. C. by the State and is directed against the order dated 9th August 1962, of the Special Judge (Central) Karachi, acquitting respondent Muhammad Hussain of offences punishable under section 409, P. P. C. read with section 5 (2) of Act II of 1947.   The prosecution case in brief is that respondent Muhammad Hussain Khan was working as a deposit clerk in the Central Radio Office of Post and Telegraph Department, Karachi on 30-5-1961, when he is alleged to have received a sum of Rs. 667.80 on behalf of Postal and Telegraph Department from one Abdul Maroof of Czechoslovakia Embassy as telegram charges, Ire issued a receipt No. 52 Exh. 3, but made no entries about this amount in cash statements and remittance registers Exits. 4, 5 and 6, with the result that this amount could not be deposited in the Treasury. This offence was detected by P. W. Nisar…