Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302/34---Criminal Procedure Code (V of 1898), S.161---Appreciation of evidence---Belated statement of a witness recorded under S.161, Cr.P.C.--­Credibility of a witness is looked with serious suspicion if his statement under S.161, Cr.P.C. is recorded with delay without offering any plausible explanation. (b) Penal Code (XLV of 1860)--- ----S. 302/34---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal---High Court having regard to the peculiar features of the case was justified to be susceptical about the eye-witnesses who were not reliable--­Prosecution had tried to improve upon the case with regard to the incident of accidental death to that of homicidal death---Conclusions arrived at by the High Court were not in any way perverse or fanciful---Leave to appeal was refused in circumstances. Muhammad Aslam v. S.H.O. PLD 1981 Lah. 138 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 417---Appeal against acquittal----Appreciation of evidence---Standards to appraise the evidence in appeal against acquittal are quite different from those laid down for an appeal against conviction. Basharatullah, Advocate Supreme Court with Muhammad Riaz Ahmad, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 10th June, 1996. ORDER MUHAMMAD BASHIR JEHANGIRI, J.---This petition for leave to appeal is directed against the judgment of the High Court of Balochistan, Quetta, dated 6-10-1994 whereby Maula Bakhsh and Muhammad Rafique, respondents, were acquitted. 2. The factual background of the case which is peculiar in nature is that -on receipt of information on his wireless set at 8-30 p.m. 1-9-1992 about the arrival of medico-legal case in the Casualty Department of Civil Hospital, Quetta, Abdul Jabbar, S.I. (P.W.8) reached the Hospital and found Nabi Bakhsh injured lying unconscious. Muhammad Khan, petitioner, who happened to be the brother of the injured, informed Abdul Jabbar, S.I., that he alongwith Nabi Bakhsh was living in a rented house. On 10-9-1992 at 7-45 p.m., his brother Nabi Bakhsh reached his house in injured condition informing him that he had been knocked down by a Motor-Cyclist at…

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