Law:

Section:

(a) Penal Code (XLV of 1860)----S. 302(b)/34---Criminal Procedure Code (V of 1898), S.417---Constitution of Pakistan (1973), Art.185---Appeal against acquittal---Reappraisal of evidence---Principles and scope---Law relating to reappraisal of evidence in appeals against acquittal is stringent, because the presumption regarding innocence of accused is doubled and multiplied after accused is found not guilty by a competent Court of law and such finding cannot be upset, disturbed and reversed except when the impugned is found to be perverse, shocking, alarming, artificial and suffering from jurisdictional error or misreading or non-reading of evidence---Judgment of acquittal under the law shall not be disturbed even though a second opinion may be reasonably possible in the case. Muhammad Mansha Kausar v. Muhammad Asghar and others 2003 SCMR 477 ref. (b) Penal Code (XLV of 1860)--- ----S. 302(b)/34---Medical evidence---Application and scope---Medical evidence may confirm the ocular evidence with regard to seat of the injury, nature of the injury, kind of weapon used in the occurrence, but it would not connect the accused with the commission of the crime. (c) Penal Code (XLV of 1860)--- ----S. 302(b)/34---Abscondence of accused---Nature and scope---Mere abscondence of an accused is not a conclusive proof of his guilt, but is only a suspicious circumstance against him that he was found guilty of the offence---Suspicions after all are suspicions which cannot take the place of proof---Value of abscondence depends on the fact of each case---Abscondence is a supporting evidence of the guilt of accused---Abscondence of accused may be consistent with his guilt or innocence, which is to be decided in view of overall facts of the case. (d) Penal Code (XLV of 1860)--- ----S. 302(b)/34---Constitution of Pakistan (1973), Art.185---Appeal against acquittal of accused by High Court---Eye-witnesses including the complainant on account of their close relationship with the deceased were interested witnesses, who appeared to be basically dishonest as they had given evidence with a motive other than of telling the truth and had even suppressed the evidence which they were supposed to…

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