ABDUL MANAN alias NISAR vs MEER MUHAMMAD alias MEER Presumption of double innocence

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ABDUL MANAN alias NISAR VS MEER MUHAMMAD alias MEER Presumption of double innocence---Scope---Presumption of double innocence of accused is attached to the order of acquittal. Citation Name: 2023 YLR 863 KARACHI-HIGH-COURT-SINDHBookmark this Case ABDUL MANAN alias NISAR VS MEER MUHAMMAD alias MEER Ss. 457, 459 & 380---Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment, hurt caused whilst committing lurking house-trespass or house-breaking, theft in dwelling house---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Accused were charged, that, they, while armed with deadly weapons committed lurking house trespass and attempted to commit qatl-i-amd by causing injuries to son and daughter-in-law of the complainant and also committed theft of cash, gold ornaments and other valuable articles---Admittedly FIR was belated by one month, for which no plausible explanation had been furnished by the complainant, as such element of consultation and deliberation could not be ruled out---Accused persons were identified in the light of bulbs, which was always treated as a weakest type of evidence---Even in the mashirnama of place of occurrence, it was nowhere mentioned as to whether the electricity bulbs were fixed there and the same were lightening or not---Alleged offence took place at 11.30 p.m. but the Medical Officer in his evidence had clearly disclosed that injured arrived at hospital on the next day at 12.00 noon and the probable duration of injuries was about one or two hours and the injuries were fresh, as such it had rightly been held by Trial Court that incident had not taken place at night time and/or in the manner as alleged by the complainant and witnesses---Glaring contradictions in the evidence of complainant and witnesses were found on material points including reaching of injured to hospital, which had been rightly discussed and considered by the Trial Court while acquitting the accused being fatal to the prosecution---Reasonable doubt had been created by the present respondents in prudent mind and its benefit had rightly been extended to him by the Trial Court---Appeal against acquittal was dismissed accordingly. Citation Name: 2023 YLR 863 KARACHI-HIGH-COURT-SINDHBookmark this Case ABDUL MANAN alias NISAR VS MEER MUHAMMAD alias MEER S. 417---appeal against acquittal---Scope---acquittal once granted could not be recalled merely on the possibility of a contra view---Unless, impugned view was found on fringes of impossibilities, resulting into miscarriage of justice, freedom could not be recalled.

ABDUL MANAN alias NISAR vs MEER MUHAMMAD alias MEER Presumption of double innocence — 2023 YLR 863 KARACHI-HIGH-COURT-SINDH

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