Law:

Section:

(a) Penal Code (XLV of 1860)-------Ss. 302, 342 & 365---Constitution of Pakistan (1973), Art.185(2)(a)---High Court had set aside the of acquittal passed by the Trial Court and awarded death sentence to the accused---Scope of appeal to Supreme Court---Principles. From the perusal of the constitutional and legal provisions and pronouncements by the esteemed Judges, the developing trend is evident and some of the principles deducible therefrom are that:--- (i) Where the High Court has, on appeal, reversed an order of acquittal of an accused person and sentenced him to death or to transportation for life or imprisonment for life, the appeal lies before Supreme Court as of right under Article 185(2)(a) of the Constitution of Islamic Republic of Pakistan. Provision of a separate procedure for that purpose under Order XXII of the Supreme Court Rules, 1980, is a strong indicator in this regard. This itself is indicative of the importance and significance of acquittal which places the matter on different footing than others. (ii) Supreme Court has every right of examining evidence in a criminal appeal if the interest of justice so demand for which purpose each case will have to be adjudged upon its on facts and circumstances and in case the court reaches the conclusion that the person has been dealt with in violation of the accepted principles of the administration of criminal justice then "no technical hurdles should be allowed to stand in its way of doing justice and seeing that injustice is not perpetuated or perpetrated by the decisions of the courts below". (iii) As an ultimate court, Supreme Court must give due weight and consideration to the opinions of the courts below and normally the findings should not be interfered where the same "are reasonable and were not arrived at by the disregard of any accepted principle regarding the appreciation of evidence". But where defect is discovered about tenability of finding in that case it should be open to the court to come to its own independent finding upon re-examination of the evidence untrammeled by the opinions of the courts below. (iv) The position of the .trial Court being close to the scene of occurrence and…

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