Law: Constitution of Pakistan, 1973

Section: 185,185(3)

Law: Constitution of Pakistan, 1973

Section: 185,185(3)

Law: Criminal Procedure Code (V of 1898)

Section: 417

(a) Constitution of Pakistan (1973)-------Art. 185---Criminal Procedure Code (V of 1898), S.417---Appeal against acquittal---Appellate jurisdiction of Supreme Court--Criminal trial---Findings of fact---Appreciation of evidence---Different view of evidence---Principles---As an ultimate Court, Supreme Court must give due weight and consideration to findings of the Courts below and normally it should not interfere with their findings where it is satisfied that they are reasonable and are not arrived at by disregard of any accepted principle regarding appreciation of evidence---Mere fact that Supreme Court might have taken a different view of the evidence should not be sufficient to overrule findings of the Court below---If the grounds upon which High Court has acted are not supportable on the record, or decision on a question of fact has turned upon inadmissible evidence or upon a faulty reading of evidence, or where there has been a departure from the procedure in reception of evidence or otherwise, interference by Supreme Court would be justified and necessary---Supreme Court is reluctant with such orders unless it is possible to demonstrate with certainty that none of the grounds upon which accused was acquitted is at all supportable, even though upon evidence on record a different conclusion might be arrived at---Where acquittal of accused cannot be maintained as findings recorded by High Court are clearly not supportable on record, interference by Supreme Court is not only justified but necessary in the interest of justice. Farid v. Aslam PLD 1977 SC 4; State v. Khan Beg 1970 SCMR 353; Haq Nawaz v. Muhammad Khan 1977 SCMR 356; Dal Singh v. King Emperor AIR 1917 PC 25; Bertrand's case (1867) 1 PC 520; Abraham Mallory Dillett's case (1887) 12 AC 459; Taba Singh v. Emperor AIR 1925 PC 59; Otto George Gfeller v. The King AIR 1943 PC 211; Mohindar Singh v. Emperor AIR 1932 PC 234; Muhammad Nawaz v. Emperor AIR 1941 PC 132; Muhammad Ashiq v. Allah Bakhsh PLD 1957 SC (Pak.) 293; Fateh Muhammad v. Bagoo PLD 1960 SC 286; Zafar Ali v. The State PLD 1962 SC 320 and Siraj Din v. Kala PLD 1964 SC 26 ref. (b) Penal Code (XLV of 1860)--- ----Ss. 337-A (ii), 337 &…

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