ARIF ALI SHAH vs MUHAMMAD TARIQ Ss — 2023 PCrLJN 38 KARACHI-HIGH-COURT-SINDH

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ARIF ALI SHAH VS MUHAMMAD TARIQ Ss. 324, 337-a(i), 337-F(i), 337-L(2) & 34---Qatl-i-amd, causing shajjah-i-khafifah, causing ghayr-jaifah-mudihah, causing hurt, common intention--- appreciation of evidence--- appeal against acquittal---Record showed that there was admitted enmity between the parties over money transaction and in that background possibility could not be ruled out that the case was outcome of that enmity---Trial Court after examining the entire evidence had come to the conclusion that prosecution had failed to prove the charge against accused beyond any reasonable shadow of doubt---Impugned judgment was a speaking judgment and elaborate which did not suffer from any illegality, gross irregularity, infirmity, hence did not require any interference---Judgment of the Trial Court did not appear to be speculative or perverse---Scope of interference in appeal against acquittal was narrow and limited because in an acquittal the presumption of the innocence is significantly added to the cardinal rule of criminal jurisprudence as the accused was to be presumed to be innocent until proven guilty---appeal against acquittal was dismissed accordingly.

ARIF ALI SHAH vs MUHAMMAD TARIQ Ss — 2023 PCrLJN 38 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported