Law: Criminal Procedure Code (V of 1898)

Section: 417

i) Criminal Procedure Code (V of 1898)— ------ S. 417—Appeal against acquittal—Grounds   for   interference— Held: Interference not to be made in acquittalorder merely because of there being possibility of forming another view on basis of evidence on record, unless view formed in support of acquittal be perverse causing failure or miscarriage of justice—Held further :, Entire evidence to be re-assessed in appeal against acquittal in order to find out whether conclusion arrived at by trial Court be in accord with settled principles governing administration of criminal justice. [P. Pp. 294 & 295]B PLJ 1979 SC 142 ; PLD 1964 SC 422 ; PLD 1969 SC 398 ; PLD 1951 FC 107 ; 1972 SCMR 672; 1970 SCMR 755; 1968 SCMR 1168 ; PLD 1972 SC 495 & 1971 SCMR 521 ref. (ii) Prevention of Corruption Act (II of 1947)— ------ S. 5 (2) read with Pakistan Penal Code (XLV of I860)—S.  161 & Criminal Procedure Code (V of 1898)—S. 417—Illegal gratification-Acceptance of — Offence of — Acquittal in — Appeal against— Evidence—Appraisal of—Witnesses watching transaction of tainted money and in whose presence matter discussed and illegal gratifica­tion demanded not produced—Statement of complainant as to pass­ing of tainted currency notes remaining inconsistent—Trial Court disbelieving such statement regarding demand of illegal gratifica­tion by respondent—Held : Acquittal of respondent being based on cogent and sound reasons and same being also in accordance with established principles governing appraisal of evidence in criminal cases, no interference to be made with same. [Ps. 294 & 295]A, D, F &G (Hi) Prevention of Corruption Act (II of 1947)— "---*-&; -4-^Gratificatiou^other than  legal remuneration—Acceptance of—-Presumption regarding — Held :  Cogent, strong and adequate evidence to be required in order to draw presumption under S. 4 of Act II of 1947—Held further : Feeble and inconsistent evidence not to permit raising and acting upon such presumption. fP. 295]C PLD 1964SC482…