Law:

Section:

(a) Constitution of Pakistan (1973)---Art.185(3)---Appeal against acquittal---High Court had dismissed the appeal of the complainant after examining the evidence on record and attending the case from all possible angles, giving cogent reasons---Appellate Court while dealing with acquittal order had to exercise jurisdiction cautiously because the acquitted accused enjoyed double presumption of innocence, the one available to him before conclusion of the trial and the second after the verdict of acquittal in his favour---If at all the Appellate Court decided to interfere with the acquittal order, it should strictly follow the principles laid down in this behalf from time to time by the superior Courts for the guidance of the Courts seized of the matter---Impugned order passed by High Court did not warrant/interference to appeal was declined to complainant accordingly. Ghulam Sikandar and another v. Mamaraz Khan and others PLD 1985 SC 11; Khadim Hussain v. Manzoor Hussain Shah and 3 others. 2002 SCMR 261 and Munawar Shah v. Liaquat Hussain and others 2002 SCMR 713 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 417---Appeal against acquittal---Principle---Appellate Courts in appeals filed against acquittal orders have to exercise jurisdiction cautiously because the accused who has been exonerated from the criminal charge enjoys double presumption of innocence, the one available to him before the conclusion of the trial and the second after the verdict of the Court declaring him not guilty---Where, however, the Appellate Court comes to conclusions to interfere in the acquittal order, it should strictly follow the, principles laid down in this behalf from lima to time by superior, Courts for guidance of the Courts seized of the matter. Ghulam Sikandar and another v. Mamaraz Khan and others PLD 1985 SC 11; Khadim Hussain v. Manzoor Hussain Shah and 3 others 2002 SCMR 261 and Munawar Shah v. Liaquat Hussain and others 2002 SCMR 713 ref. ORDER IFTIKHAR MUHAMMAD…

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