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MUHAMMAD RIAZ vs KHURRAM SHEHZAD Interference in an acquittal judgment by the Appellate Court — 2024 SCMR 51 SUPREME-COURT

Case information

Citation
2024 SCMR 51 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
SCMR
Parties
MUHAMMAD RIAZ vs KHURRAM SHEHZAD Interference in an acquittal judgment by the Appellate Court
Subject matter
Criminal

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

MUHAMMAD RIAZ VS KHURRAM SHEHZAD Interference in an acquittal judgment by the Appellate Court---Grounds---Courts are slow in interfering with an acquittal judgment, unless it is shown to be perverse, passed in gross violation of law, or suffers from errors of grave misreading or non-reading of the evidence---Such judgments should not be lightly interfered with and a heavy burden lies on the prosecution to rebut the presumption of innocence which the accused has earned and attained on account of his acquittal---Interference in a judgment of acquittal is rare and the prosecution must show that there are glaring errors of law and fact committed by the Court in arriving at the decision, which would result, into grave miscarriage of justice; the acquittal judgment is perfunctory or wholly artificial or a shocking conclusion has been drawn---Acquittal judgment should not be interjected until the findings are perverse, arbitrary, artificial, speculative, and ridiculous---Court of appeal should not interfere simply for the reason that on the re-appraisal of the evidence a different conclusion could possibly be arrived at, and the factual conclusions should not be upset, except when palpably perverse, suffering from serious and material factual infirmities.

Other judgments reported in 2024 SCMR

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