BIBI SAKINA vs ZAKIR HUSSAIN alias SHAH WALI S — 2023 YLR 1241 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 YLR 1241 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: YLR
Parties: BIBI SAKINA vs ZAKIR HUSSAIN alias SHAH WALI S
Subject matter: Criminal
Provisions referred to: S. 417---

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

BIBI SAKINA VS ZAKIR HUSSAIN alias SHAH WALI S. 417---appeal against acquittal---Scope---Law regards the conviction of a single innocent person as infinitely more serious than the acquittal of many guilty persons---appeal against acquittal is an extraordinary remedy and is restricted to cases of a grave miscarriage of justice---accused is presumed to be innocent in law and if after the regular trial he is acquitted, he earns a double presumption of innocence and there is a heavy onus on the prosecution to rebut the said presumption---Under article 9 of the Constitution of Pakistan right to life and liberty is a fundamental right guaranteed to a person, therefore, once an accused, duly tried and acquitted by the court of competent jurisdiction, his acquittal cannot be easily interfered with---Moreover, very exceptional and compelling reasons are required to dislodge the double presumption of innocence attached to that person, which he acquires after his acquittal.

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