Case Details

Citation(s)
2010 SLG 2682 2010 SLD 2682 2010 SCMR 491
Supreme Court of Pakistan
Criminal Petition No.18/Q of 2006, decision dated: 18-05-2009
JAVED IQBAL, IJAZ-UL-HASSAN KHAN AND MUHAMMAD QAIM, JAN KHAN, JJ

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J EHANGIR

VS

. AMINULLAH and others

Law:

Section:

(a) Penal Code (XLV of 1860)------S. 324/34---Attempt to Qatl-i-amd---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal---Appraisal of evidence---Complaint lodged by the complainant petitioner was not only an afterthought, but also appeared to be a counter blast against the F.I.R. already lodged by the accused against him---Statement of the brother of the complainant, recorded as a court-witness, did not appeal to logic and reason and was vague and sketchy, on which no conviction could be based---Statements of "prosecution witnesses recorded after an inordinate delay of two months had suggested about, deliberation, concoction and false involvement of the accused---Order of acquittal would only warrant interference, if the same was absurd, baseless, perverse, arbitrary or capricious---Conclusion of acquittal drawn by the Courts below was strictly in accordance with law, settled norms of justice and well entrenched principles qua appreciation of evidence--Impugned suffering from no error of law, did not call for any interference---Leave to appeal was declined to complainant accordingly. Ghulam Sikandar v. Mamaraz Khan PLD 1985 SC 11; Muhammad Iqbal v. Sanaullah PLD 1997 SC 569; State v. Farman Hussain PLD 1995 SC 1; Ahmad v. Crown PLD 1951 FC 107; Abdul Majid v. Superintendent of Legal Affairs, Government of Pakistan PLD 1964 SC 426; State v. Bashir PLD 1997 SC 408; Muhammad Sharif v. Muhammad Javed PLD 1976 SC 452, Shahzado v. State PLD 1977 SC 413; Farmanullah v. Qadeem Khan 2001 SCMR 1474 and Khadim Hussain v. Manzoor Hussain Shah 2002 SCMR 261 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 417---Appeal against acquittal---Interference by appellate Court---Principles detailed. Ghulam Sikandar v. Mamaraz Khan PLD 1985 SC 11; Muhammad Iqbal v. Sanaullah PLD 1997 SC 569, State v. Farman Hussain PLD 1995 SC 1; Ahmad v. Crown PLD 1951 FC 107; Abdul Majid v. Superintendent of Legal Affairs, Government of Pakistan PLD 1964 SC 426; State v. Bashir PLD 1997 SC 408; Muhammad Sharif v. Muhammad Javed PLD 1976 SC 452; Shahzado v. State PLD 1977 SC 413; Farmanullah v. Qadeem Khan 2001 SCMR 1474 and Khadim Hussain v. Manzoor Hussain Shah 2002…
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