Law:

Section:

(a) Constitution of Pakistan (1973)--Art. 185(3)---Penal Code (XLV of 1860), S. 302/149---Appeal/petition against acquittal before Supreme Court---Considerations---Principles for the appreciation of appeals against acquittal enumerated.---[Appeal against acquittal]. Considerations for interference in an appeal/petition against acquittal and in an appeal/petition from conviction are altogether different. The well-settled principles for the appreciation of appeals against acquittal are-- (i) that with the acquittal, the presumption of the innocence of the accused becomes double; one initial, that till found guilty he is innocent, and two, that after his trial a Court below has confirmed the assumption of innocence; (ii) that unless all the grounds on which the High Court had purported to acquit the accused were not supportable from the evidence on record, Supreme Court would be reluctant to interfere, even though, upon the same evidence it may be tempted to come to a different conclusion; (iii) that unless the conclusion recorded by a Court below was such that no reasonable person would conceivably reach the same, the Supreme Court would not interfere; (iv) that unless the of acquittal is perverse and the reasons therefore are artificial and ridiculous, the Supreme Court would not interfere; and (v) that the Supreme Court, however, would interfere in exceptional cases on overwhelming proof resulting in conclusive and irresistible conclusion, and that too, with a view only to avoid grave miscarriage of justice and for no other purpose. (b) Penal Code (XLV of 1860)--- ----S. 302/149---Plea of self-defence by injured accused---Effect---Appreciation of evidence---Accused was examined by the Doctor within two hours of the occurrence, he had four fire-arm injuries on his person; nature of injuries and the kind of weapon used for causing the same excluded the possibility of the injuries being self-inflicted or self-suffered---Injuries of the accused were suppressed in the F.I.R. and in the evidence before the Court which indicated that the eye-witnesses had given evidence with the motive other than a desire to disclose the truth so far as known to them---Held, it would…

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