Law:

Section:

(a) Criminal Procedure Code (V of 1898)---S. 417---Appeal against acquittal---Where no ocular evidence is available connecting any of the accused with the commission of the offence alleged against them, it would not be safe to record conviction of the accused particularly when any link in the chain in the circumstantial evidence is missing. Muhammad Ijaz Ahmad v. Raja Fahim Afzal ad 2 others 1998 SCMR 1281 and Ghulam Sikandar and another v. Mamaraz Khan and others PLD 1985 SC 11 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 417---Constitution of Pakistan (1973), Art.l85(3)---Petition or appeal against acquittal---Scope---Ordinary scope of petition or appeal against acquittal of accused is considerably narrow and limited---On the examination of the order of acquittal as a whole credence should be accorded to the findings of the subordinate Court whereby the accused had been exonerated from the charge of commission of the crime. (c) Criminal Procedure Code (V of 1898)--- ----S. 417---Appeal against acquittal---Principle---Obvious approach for dealing with the appeal against the conviction would be different and should be distinguished from the appeal against acquittal because presumption of double innocence of the accused is attached to the order of acquittal. (d) Penal Code (XLV of 1860)--- ----Ss. 302/201/149---Constitution of Pakistan-(1973), Art.184(3)---Petition for leave to appeal against acquittal---Reappraisal of evidence and scrutiny of record revealed that the prosecution had failed to substantiate the accusations or to produce tangible evidence reasonably connecting the accused to the murder of the deceased---Concurrent findings of the Courts below did not suffer from any impropriety, illegality or infirmity and the same were based on sound and cogent reasons warranting no interference by Supreme Court---Leave to appeal was refused to the complainant accordingly. Allah Ditta v. The State (PLD 1958 SC (Pak.) 290; Muhammad Iqbal v. The State 1984 SCMR 930; Allah Din and another v. The State 1976 PCr.L.J 249; Muhammad Ijaz Ahmad v. Raja Fahim Afzal and 2 others 1998 SCMR 1281 Ghulam Sikandar and another v. Mamaraz Khan and others PLD 1985 SC 11…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492