2024 SC M R 51
Muhammad Riaz v . Khurram Shehzad
Criminal Petition No. 290 - L of 2015
Qatl - i - amd , abetment , common intention --- Reappraisal of evidence --- Appeal against acquittal --- Presence of witnesses at place of incident doubtful --- Defective investigation --- Conflict between ocular and medical evidence --- Ocular testimony in the case was led by the complainant , and two other persons who were residents of a village situated around 30 to 35 kilometers from the place of occurrence --- Incident occurred in the night at 8:55 p.m. in the month of October and the testimony of the eye - witnesses remained unsuccessful in establishing any source of light at the scene of the crime --- It was only after a lapse of two and a half months of the incident that the respondent ( acquitted accused ) was implicated in the case --- No identification parade was conducted for determining the involvement of the accused persons and the evidentiary value of identification at a belated stage had little value in the eyes of the law , more particularly when the lineaments and physiognomy of the accused mentioned anywhere by the complainant or the eye witnesses --- Investigating Officer ( 1.0 . ) did not show the place of incident in the site plan through the prosecution claimed that the incident occurred near a hotel ; 1.0 . also admitted that he had not demarcated the place from where the accused had fired at the victim in the rough site plan , nor had the prosecution witnesses shown him the specific place of death of the deceased at the site of the occurrence ; 1.0 . further admitted that he had called upon the inhabitants of the place of occurrence i.e. owners of the nearby haveli and service station , but they could not provide any detail of the occurrence or any description of the assailants --- As per the prosecution case , the deceased sustained two firearm injuries , however the postmortem report revealed were not that only one firearm injury was found on the deceased's body --- High Court rightly held that the prosecution failed to substantiate the case against the respondent --- Petition for leave to appeal was dismissed and leave was refused .
Appeal against acquittal ----
---- Interference in an acquittal judgment by the Appellate Court --- Grounds --- Courts are slow in interfering with an acquittal judgment , unless it is shown to be perverse , passed in gross violation of law , or suffers from errors of grave misreading or non - reading of the evidence - Such judgments should not be lightly interfered with and a heavy burden lies on the prosecution to rebut the presumption of innocence which the accused has earned and attained on account of his acquittal --- Interference in a judgment of acquittal is rare and the prosecution must show that there are glaring errors of law and fact committed by the Court in arriving at the decision , which would result , into grave miscarriage of justice ; the acquittal judgment is perfunctory or wholly artificial or a shocking conclusion has been drawn- .. Acquittal judgment should not be interjected until the findings are perverse , arbitrary , artificial , speculative , and ridiculous --- Court of appeal should not interfere simply for the reason that on the re appraisal of the evidence a different conclusion could possibly be arrived at , and the factual conclusions should not be upset , except when palpably perverse , suffering from serious and material factual infirmities .
Benefit of doubt --- Principle --- It is not obligatory or compulsory that there should be several circumstances creating doubts in order to justify the extension of benefit of doubt to the accused ; on the contrary , even a simple circumstance creating reasonable doubt vis - a - vis , the guilt of the accused is sufficient to entitle him to such benefit .
Muhammad Riaz v . Khurram Shehzad
Criminal Petition No. 290 - L of 2015
2024 SC M R 51
Constitution of Pakistan ---
---- Art . 10 - A --- Phrase " the accused is the favourite child of law " --- Connotation --- Said phrase does not imply that the Court should grant any unwarranted favour , indulgence or preferential treatment to the accused , rather it was coined to maintain a fair - minded and unbiased sense of justice in all circumstances , as a safety gauge or safety contrivance to ensure an evenhanded right of defence with a fair trial for compliance with the due process of law , which is an integral limb of the safe administration of criminal justice and is crucial in order to avoid erroneous verdicts , and to advocate for the reinforcement of the renowned doctrine " innocent until proven guilty " .
Muhammad Riaz v . Khurram Shehzad
Criminal Petition No. 290 - L of 2015
2024 SC M R 51
Appeal against acquittal ---
---- Double presumption of innocence --- Scope --- In an appeal against acquittal , the Court would not ordinarily interfere and would instead give due weight and consideration to the findings of the Court acquitting the accused which carries a double presumption of innocence , i.e. the initial presumption that an accused is innocent until found guilty , which is then fortified by a second presumption once the Court below confirms the assumption of innocence , which cannot be displaced lightly .
Muhammad Riaz v . Khurram Shehzad
Criminal Petition No. 290 - L of 2015
2024 SC M R 51
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