TAJ MALOOK vs State S — 2024 MLD 82 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 MLD 82 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: MLD
Parties: TAJ MALOOK vs State 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

TAJ MALOOK VS State S. 417---appeal against acquittal---Scope---accused is presumed to be innocent and if, after trial, he is acquitted, he earns double presumption of innocence---acquittal judgment or order normally does not call for any interference unless it is found arbitrary, capricious, fanciful, artificial, shocking and ridiculous---While evaluating the evidence, difference is to be maintained in an appeal from conviction and an acquittal appeal and in the latter case the interference is to be made only when there is non-reading and gross mis-reading of the evidence, resulting into miscarriage of justice and on perusal of the evidence no other decision can be given except that the accused is guilty.

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