Law: Criminal Procedure Code (V of 1898)

Section: 417

Law: Penal Code (XLV of 1860)

Section: 324/34

Criminal Procedure Code (V of 1898)---.--- ---.---S. 417---.---Penal Code (XLV of 1860), S.324/34---.---Attempt to commit qatl-e-amd---.--- Appeal against acquittal---.---Principles---.---Material contradictions were found in the statements of prosecution witnesses which had reflected that either they were not speaking the truth or occurrence had not taken place in the manner as disclosed by the prosecution---.---Said contradictions related to the identity of accused in darkness and presence of public on the spot at the time of occurrence and suggested that prosecution witnesses were not present on the spot and had not seen the occurrence---.---Statements of the injured witnesses had also not been recorded properly---.---Site plan was prepared on the pointation of the person who had not been examined by the Police or in the court---.---Material dents existed in the case of prosecution and its evidence was full of doubts---.---Co-accused was acquitted by Trial Court on the same evidence and said acquittal order had attained finality as no appeal was filed against the order---.---Case of accused being based on same facts, could not be distinguished therefrom---.---Evidence in the case was not enough to record conviction of accused---.---No motive against accused stood proved---.---No circumstantial evidence was on record and accused had not confessed the guilt---.---Trial Court had rightly appraised the evidence brought on record and impugned conclusion was based on correct legal footings, which needed no interference by High Court---.---Principles for deciding appeals against conviction and acquittal were different from each other---.---Once an accused was acquitted by the competent court of law after facing the agonies of a protracted trial, then he would earn the presumption of double innocence, which could not be disturbed by the appellate court lightly. 2009 SCMR 946; PLD 1985 SC 11 and Azhar Ali v. The State PLD 2010 SC 632 ref. THIS JUDGMENT DELIVERED BY: ATTAULLAH KHAN JUSTICE:---.--- Through this appeal filed under section 417, Cr.P.C., the appellant Inamullah Khan has sought the indulgence of this Court to set at naught the judgment dated 26-2-2010…

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