Tuesday, 11 September 2018

2015 Y L R 1943

Reappraisal of evidence --- Complainant, simply disposed in his statement that he was told by his son on mobile phone about the occurrence, but in support of his claim, complainant did not produce the mobile phone, or any call data --- No proof of the presence of accused before the occurrence, or after the occurrence was available – Complainant claimed that deceased was his wife, but, he did not produce any evidence i.e. Nikahnama or any witness of nikkah in support of his claim --- Complainant, in circumstances, could not prove that deceased was his wife --- Two minor eye- witnesses of the occurrence, were not produced for recording their evidence, wherefrom a strong presumption against the prosecution could be drawn as stipulated under Art. 129 illustration (g) of Qanun-e-Shahadat, 1984 ---- Nothing was on record to establish that alleged offences were committed by accused --- Statements of the prosecution witnesses, complainant, investigating Officer, and other prosecution witnesses, could not bring anything on record incriminating against accused – No crime weapon, had been recovered from the person, or on the pointation of accused ---No judicial or extra judicial confession, was on record to constitute the offence alleged against accused --- Accused though had not appeared before the court, but a favourable order in his absence, was not prohibited under law --- Once accused had been acquitted by the Court of competent jurisdiction, he would enjoy double presumption of innocence --- Case being of no evidence, appeal of the State against acquittal was without any substance, and accused stood rightly acquitted --- Impugned acquittal order stood confirmed, and appeal against acquittal was dismissed. 

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