SHABBIR TILES AND CERAMIC LTD. vs Syed AMIR ALI Scope — 2024 YLR 1526 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 YLR 1526 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: YLR
Parties: SHABBIR TILES AND CERAMIC LTD. vs Syed AMIR ALI Scope
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

SHABBIR TILES AND CERAMIC LTD. VS Syed AMIR ALI Scope---appeal against acquittal has distinctive features---approach to deal with the appeal against conviction is distinguishable from appeal against acquittal because presumption of double innocence is attached in the latter case---Order of acquittal can only be interfered with, if it is found on its face to be capricious, perverse, arbitrary in nature or based on misreading, non-appraisal of evidence, or is artificial, arbitrary and leads to gross miscarriage of justice---Mere disregard of technicalities in a criminal trial without resulting injustice is not enough for interference---Order/judgment of acquittal gives rise to strong presumption of innocence rather double presumption of innocence is attached to such an order---While examining the facts in the order of acquittal, substantial weight should be given to the findings of the lower Courts, whereby accused were exonerated from the commission of crime---acquittal would be unquestionable when it could not be said that acquittal was either perverse or that acquittal judgment was improper or incorrect as whenever there is doubt about guilt of accused, its benefit must go to him and Court would never come to the rescue of prosecution to fill-up the lacuna appearing in evidence of prosecution case as it would be against established principles of dispensation of criminal justice.

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