Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302---Criminal Procedure Code (V of 1898), S.417---Appeal against acquittal ---Benefit of doubt---Acquittal of accused on the extension of benefit of doubt does not necessarily mean that the eye-witnesses had either not seen the occurrence or that they had deliberately and falsely implicated the acquitted accused---In such like cases, however, care is taken that for convicting the remaining accused, the witnesses were put to hardest test of scrutiny and depending upon the circumstances of each case attempt has to lie made to see if their testimony was corroborated by independent circumstances. ---[Criminal trial---Benefit of doubt]. Sher Hassan v. The State PLD 1959 SC 480 and Sadaruzzaman v. The State 1990 SCMR 1277 ref. (b) Penal Code (XLV of 1860)--- ----S. 302---Criminal Procedure Code (V of 1898), 5.417---Appeal against acquittal ---Appreciation of evidence---Where testimony of the eye-witnesses and finding of the High Court showed that at best it could be a case of mere difference of opinion regarding appreciation of evidence, such difference of opinion regarding appreciation of evidence could not be a good ground for setting aside an acquittal.---[Evidence]. Ghulam Sikandar v. Mamaraz Khan PLD 1985 SC 11 ref. (c) Penal Code (XLV of 1860)--- ----S. 302---Criminal Procedure Code (V of 1898), S.417---Appeal against acquittal ---Miscarriage of justice is a relative consideration---While balancing the facts of cases regarding miscarriage of justice Courts have to apply the test of "impossibility". Miscarriage of justice is a relative consideration, Justice is the birth right of every citizen. The accused has also similar right to justice as the complainant side. Therefore, while balancing the facts in such like cases regarding miscarriage of justice it is very difficult to define the limits where the right of one ends and that of the other begins. The Courts often in such like difficult situations, have applied test of "impossibility" by ask question; whether it was impossible for any reasonable person to have held the impugned view on appreciation of evidence on account of which the acquittal took place. JUDGMENT MUHAMMAD…

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