Pakistan Supreme Court: A Full Bench of Manzoor Ahmad Malik, Syed Mansoor Ali Shah and Qazi Muhammad Amin Ahmed, JJ. allowed the appeal by the accused against the order given by Lahore High Court and set aside his conviction and sentence.
Appellant herein was tried alongside two persons Abdul Razzaq and Sakina Bibi who were co-accused for committing the murder of one Khalil Ahmed. The accused were presented before the Additional Sessions Judge who acquitted them. The said order was challenged in Lahore High Court wherein the appellant stood convicted under Section 302(b) of the Pakistan Penal Code, 1860 and was sentenced to imprisonment for life. This order was under challenge in the present appeal.
Learned counsel for the appellant Shahid Azeem, ASC, contended that High Court should not have reversed the appellant’s acquittal after he extended benefit of doubt to co-accused. Further, it was contended that the acquittal order given the trial court was on the basis of the evidence presented and was not open to any exceptions.
The Court noted that the reasons given by the learned trial Judge to acquit the accused from the charge which included – improbability of witnesses’ presence; their enmity with the accused, and contradictions in their disposition, were observed to be genuine. It was further opined that acquittal carries with it a double presumption of innocence and it could be reversed only when finding blatantly perverse. It could not be set aside merely on the possibility of contra view.
It was held that High Court did not act according to settled principles of law and thus appeal was allowed, and impugned judgment given by High Court was set aside. The appellant was acquitted from the charge and was ordered to be released if not required in any other case.[Muhammad Shafi v. State, Criminal Appeal No. 48-L of 2016, decided on 07-05-2019]
