Law: Criminal Procedure Code (V of 1898)

Section: 417

Law: Pakistan Penal Code, 1860

Section: 302(b)/34

(a) Criminal Procedure Code (V of 1898)---S 417---Appeal against acquittal---Presumption---Double presumption of innocence is attached to the order of acquittal passed by a Court of competent jurisdiction---Superior Courts do not interfere with such order unless the same is arbitrary, capricious, fanciful and against the record. (b) Penal Code (XLV of 1860)--- ----S. 302(b)/34---Appreciation of evidence---Medical evidence---Corroborative value---Extent and scope---Medical evidence may confirm the ocular evidence with regard to the seat of the injury, kind of weapon used in the occurrence and nature of injury, but it would not connect the accused with the commission of the crime. (c) Penal Code (XLV of 1860)--- ----S. 302(b)/34---Abscondence---Nature and scope---Abscondence of accused is a supporting evidence of his guilt and it may be consistent with the guilt or innocence of accused, which is to be decided keeping in view the overall facts of the case. (d) Penal Code (XLV of 1860)--- ----S. 302(b)/34---Constitution of Pakistan (19973), Art.185(3)---Appeal against acquittal---Double presumption of innocence having been attached to the order of High Court acquitting the accused, Supreme Court would interfere only if the said order was arbitrary, capricious, fanciful and against the record---Medical, evidence might confirm the ocular evidence with regard to the seat of injury, nature of the injury and kind of weapon used in the occurrence, but it would not connect the accused with the commission of the crime---Mere abscondencc of accused was not conclusive proof of his guilt, which even had not been established---Accused had been proved on record to be present at their places of postings performing their duties on the day of occurrence far away from the spot---Impugned of acquittal did not suffer from any misreading or non-reading of evidence---Leave to appeal was declined to complainant in circumstances. JUDGMENT IJAZ-UL-HASSAN KHAN, J.---Through instant petition, Haji Paio Khan, petitioner, seeks leave to appeal against judgment, dated 16-6-2004 passed by learned Peshawar High Court, Peshawar, accepting appeal filed by accused respondents Sher Biaz and Nasir…

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