2021 P Cr. L J 495
(a) Penal Code (XLV of 1860)---
----Ss. 302 & 149---Qatl-i-amd, unlawful assembly---Appreciation of evidence---Appeal against acquittal---Accused were charged for conducting operation of the wife of complainant being unqualified doctors, due to which she died---Record showed that neither there was previous enmity between the parties nor it was a case of pre-planned murder---Prosecution case was that the deceased died on account of her abdominal hysterectomy/major operation conducted through unqualified doctor(s)---Trial Court recorded acquittal findings in favour of accused, mainly for the reasons that the exhumation of dead body through the Magistrate and post-mortem of the deceased were not allowed to be done, therefore, the cause of death of deceased could not be ascertained---Available record showed that the Trial Court had taken due care in acquitting the accused---Complainant despite arguing the appeal at full length had not been able to point out any piece of incriminating evidence, which could hold that the findings recorded by the Trial Court were against the evidence brought on record---Impugned judgment was neither perverse nor arbitrary nor against the evidence on record---No substance was found in the appeal against acquittal, which was accordingly dismissed.
(b) Criminal Procedure Code (V of 1898)---
----Ss. 417 & 410---Appeal against acquittal/conviction---Appreciation of evidence---Distinction---Appreciation of evidence in an acquittal appeal vis-a-vis an appeal against conviction was not on same place---Evidence, in an appeal against conviction, was appraised with a strict view, whereas the same rigid method of appraisement of evidence was not permissible while deciding an acquittal appeal---Interference, in such appeals, was only made when it appeared that there was gross misreading of evidence which might cause miscarriage of justice---In acquittal appeals ordinarily the courts were reluctant to interfere with the judgment of the Trial Court and instead due weight was to be given to the findings of the Trial Court, as the evidence had been appraised and a conclusion had been drawn.
(c) Appeal against acquittal---
----Double presumption of innocence---Interference---Scope---In case of acquittal by a competent court of law after full-dressed trial, presumption of double innocence was attached to the findings of acquittal and interference was only made when it appeared that there was gross misreading of evidence which might had caused miscarriage of justice.
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