Law:

Section:

(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)---------S.12--Penal Code (XLV of 1860), S.377---Constitution of the (1973), Art.203-DD---Appeal against acquittal---Complainant could not witness the occurrence from the roof top of his house---No eye-witness was available in the case---Evidence regarding the occurrence was contradictory---Statements of the victim and the complainant did no, inspire confidence---Money dispute existed between the parties---Nothing was available on record to even show that the accused had kidnapped the victim---Accused was not medically examined to prove his potency and prosecution was bound to suffer due to such default and negligence of police---Trial Court after having considered the case from all angles had. rightly acquitted the accused on benefit of doubt---Appeal against acquittal of accused was dismissed accordingly. Mst. Jallan v. Muhammad Riaz and others PLD 2003 SC 644; , Nazir and others v. The State PLD 1962 SC 269; Ghulam Sikandar and another v. Mamraiz Khan and others PLD 1985 SC 11; Iqbal alias Bhala and 2 others v. The State 1994 SCMR 1; Abdul Ghafoor v. The State 2000 SCMR 919; Raqib Khan v. The State and another 2000 SCMR 163; Muhammad Amin v. The State 2000 SCMR 1784; Muhammad Safdar v the State PLD 2002 SC 781; Muhammad Shafique v. Akhtar Shah and 8 others 1997 SD SC 756 and Duran Bibi v. Jehanzeb and others PLD 2001 Quetta 103 ref (b) Constitution of Pakistan (1973)----- ------Art. 203-DD---Appeal against acquittal---Guidelines---Accused after his acquittal by the Trial Court enjoys double presumption of innocence and the Appellate court while examining the case of such accused must be very careful and cautious in interference with the acquittal order--­Normally order of acquittal should not be set aside merely because some other view is possible---Interference with the order of acquittal, however, can be made where Trial Court either has misread the evidence or it has received the evidence illegally. Mst Jallan v. Muhammad Riaz and others PLD 2003 SC.644; Nazir and others v. The State PLD 1962 SC 269; Ghulam Sikandar anti another v Mamraiz Khan and others PLD 1985 SC 11; Iqbal alias Bhals…

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