Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 417

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal---Inordinate delay in lodging the F.I.R. in the absence of reasonable explanation had made the prosecution case doubtful---Conduct of eye-witnesses, both sons of the deceased, allowing the accused to kill their father in their presence, had suggested their non-presence at the scene of occurrence at the relevant time---Enmity between the parties prior to the occurrence due to property dispute was admitted---No crime-empty having been recovered from the spot, recovery of gun had no value---No miscarriage of justice had occurred due to acquittal of accused---Judgment of High Court was not perverse and reasons shown therefor were not artificial or capricious and the same did not suffer from any illegality or infirmity, so as to warrant interference by Supreme Court---Leave to appeal was declined to complainant accordingly. Muhammad Iqbal v. Abid Hussain 1994 SCMR 1928 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 417---Constitution of Pakistan (1973), Art.185(3)---Appeal against acquittal---Extent and scope---Different parameters exist for interference in an appeal against acquittal and an appeal against conviction--Presumption of innocence of the accused becomes double in case of acquittal---Supreme Court would not interfere unless the conclusion_ reached by the Courts below was such that no reasonable person would conceivably reach the same and grounds given by High Court were not supportable from the evidence on record---Supreme Court, in case of acquittal, only interferes to avoid grave miscarriage of justice and when of acquittal is perverse, capricious or arbitrary. Muhammad Iqbal v. Abid Hussain 1994 SCMR 1928 ref. JUDGMENT SYED SAKHI HUSSAIN BOKHARI, J.---Shahid Abbas has filed this petition for leave to appeal against the judgment, dated 26-2-2007 passed by Lahore High Court, Lahore whereby appeal brought by Shahbaz, respondent was accepted and he was acquitted in case F.I.R. No.222, under section 302/34, P.P.C., registered at Police Station Tatlay Aali on 14-6-2001 regarding murder of Ghulam Abbas. 2. Relevant facts for the…

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