Law:

Section:

(a) Criminal Procedure Code (V of 1898)------S. 417---Constitution of Pakistan (1973), Art. 185(3)---Appeal against acquittal---Powers of superior courts---Scope.When an accused person is acquitted from the charge by a court of competent jurisdiction, then double presumption of innocence is attached to its order, with which the superior courts do not interfere unless the impugned order is arbitrary, capricious, fanciful and against the record. (b) Criminal trial-------Absconcion of accused---Evidentiary value---Mere absconsion would rot be taken as conclusive proof of guilt of accused and same being a suspicious circumstance against him could not take the place of proof---Principles. Mere absconsion is not conclusive proof of guilt of accusedperson. It is only a suspicious circumstance against an accused that he was found guilty of the offence. However, suspicions after all are suspicions. The same cannot take the place of proof. The value of abscondence, therefore, depends on the facts of each case. The absconsion of the accused may be consistent with the guilt or innocence of the accused, which is to be decided keeping in view overall facts of the case. (c) Criminal trial-------Medical evidence---Evidentiary value---Medical evidence would not connect accused with commission of offence---Principles. Medical evidence may confirm the ocular evidence with regard to the 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. (d) Criminal trial-------Recovery of blood from spot---Evidentiary value---Such recovery would establish venue of occurrence, but would not connect accused in any manner with commission of offence. JUDGMENT IJAZ-UL-HASSAN KHAN, J.---These three petitions have been filed by Rahimullah Jan, petitioner, under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973 seeking leave against judgment dated 16-7-2003 passed by learned Division Bench of the Peshawar High Court, Peshawar accepting Criminal Appeal No.205/2002 of Kashif respondent, setting aside the conviction and sentence awarded to him under section 302/34, P.P.C. by…

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