Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 417---Appeal against acquittal---Parameters regarding interference in case of acquittal laid down. Ghulam Sakindar's case PLD 1985 SC 11 and Muhammad Iqbal's case 1994 SCMR 1928 ref. (b) Penal Code (XLV of 1860)--- ----Ss. 302/324---Appreciation of evidence---Substitution---Principle--- Substitution of innocent person when a single accused is named in a murder case is a rare phenomenon, but it depends from case to case. (c) Penal Code (XLV of 1860)--- ----Ss. 302/324---Appreciation of evidence---Principles---Direct evidence having failed, corroborative evidence was of no help---When ocular evidence is disbelieved in a criminal case then the recovery of an incriminating article in the nature of weapon of offence does not by itself prove the prosecution case. Dhuende's case ILR 19 Lah. 995 ref. (d) Penal Code (XLV of 1860)--- ----Ss. 302/324---Constitution of. Pakistan (1973), Art.185(3)---Appeal against acquittal---Doubts which induced High Court to uphold the acquittal of accused were substantial doubts affecting the possibility of belief in the truth of the prosecution case---Case against accused was not one in which a finding of guilt could be reached with confidence---Complainant and the deceased had a dispute with the accused and both the Courts below had rightly discarded their veracity as their statements did not inspire. confidence---Ocular evidence had been disbelieved by the Trial Court and High Court for cogent reasons---Direct evidence having failed, corroborative evidence could not help the prosecution---No evidence had come on record to connect the accused with the commission of offence-Evidence on record had been properly appreciated by the Courts below and acquittal of accused had been endorsed by High Court with cogent reasons---Leave to appeal was refused to complainant in circumstances. Ghulam Sakindar's case PLD 1985 SC 11; Muhammad Iqbal's case 1994 SCMR 1928; Dhuende's case ILR 19 Lah. 995; Muhammad Ashraf's case PLD 1977 SC 538; Din Muhammad's case 1970 SCMR 857, Matiur Rehman's case 1970 SCMR 877 and Abdul Khaliq's case 1996 SCMR 1553 ref. (e) Constitution of Pakistan (1973)--- ----Art.…

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