State vs Muhammad Aslam Ss — 2025 PCrLJ 1950 PESHAWAR-HIGH-COURT

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State VS Muhammad Aslam Ss. 410 & 417(2-a)---appeal against conviction and appeal against acquittal---Distinction---Rules and principle of appreciation of evidence in appeal against conviction are different to that of appeal against acquittal---In appeal against conviction the evidence has to be apprised and evaluated in a rigid and strict manner whereas in appeal against acquittal such stringent method of appreciation of evidence cannot be carried out. Citation Name: 2025 PCrLJ 1950 PESHAWAR-HIGH-COURTBookmark this Case State VS Muhammad Aslam Ss. 302(b), 311, 201 & 34---Criminal Procedure Code (V of 1898), Ss. 164 & 417(2-A)---Qatl-i-amd, ta'azir after waiver or compounding of right of qisas in qatl-i-amd, causing disappearance of evidence of offence, or giving false information is respect of an offence, common intention---Appeal against acquittal---Appreciation of evidence---Confessional statement of accused---Scope---Accused were charged for committing murder of two females on the pretext of honour---Statement of accused as recorded by Judicial Magistrate, wherein he acknowledged friendship with the deceased women, did not constitute a confessional statement, especially given that the accused had not been charged with the murder of the two women---Circumstances established that the prosecution was unable to prove its case against the respondents/accused beyond any reasonable shadow of doubt---Appeal, being meritless, was dismissed in limine. Your Search returned total 35531 records from 5050 - 5100 Citation Name: 2025 PCrLJ 1950 PESHAWAR-HIGH-COURTBookmark this Case State VS Muhammad Aslam Ss. 302(b), 311, 201 & 34---Criminal Procedure Code (V of 1898), S.417(2-A)---Qatl-i-amd, ta'azir after waiver or compounding of right of qisas in qatl-i-amd, causing disappearance of evidence of offence, or giving false information in respect of an offence, common intention---Appeal against acquittal---Appreciation of evidence---Benefit of doubt---Accused were charged for committing murder of two females on the pretext of honour---In the present case, the occurrence allegedly took place on 14.5.2020 at 02:00 pm, whereas the matter was reported on 15.5.2020 at 06:10 pm---Undeniably, the occurrence was unseen one and complainant on receiving information about the murder of two ladies rushed to the crime village where it was told to him that they were murdered by their cousin, reportedly due to their objectionable video with accused, which had gone viral on social media---According to the prosecution version, the motive behind the offence was allegedly the objectionable video featuring the two deceased women and the accused---Although said mobile phone was taken into possession during investigation of the case which was sent to the Forensic Science Laboratory, however, there was no report on file to confirm that the said mobile phone belonged to the accused and the alleged video was recorded using that phone and more particularly that the video featured the accused and the two deceased women---Circumstances established that the prosecution was unable to prove its case against the respondents/accused beyond any reasonable shadow of doubt---Appeal, being meritless, was dismissed in limine. Citation Name: 2025 PCrLJ 1950 PESHAWAR-HIGH-COURTBookmark this Case State VS Muhammad Aslam S. 417---appeal against acquittal---Scope---Scope of interference with acquittal is narrow---Every person, accused of an offence, is to be considered innocent, unless and until proved guilty on the basis of legal and unimpeachable evidence---after facing full-fledged trial, if an accused of a crime is acquitted by the competent Court of law, then a presumption of his innocence gets doubled and very strong and exceptional circumstances are required to overturn the conviction judgment. Citation Name: 2025 PCrLJ 1950 PESHAWAR-HIGH-COURTBookmark this Case State VS Muhammad Aslam S. 417---appeal against acquittal---Scope---While dealing with an appeal against acquittal, the appellate Court is to see as to what illegality the Trial Court has committed in acquitting the accused and as to whether the judgment impugned is arbitrary, mechanical and perverse---appellate Court is under its bounden duty to reappraise the evidence and after application of judicial mind, decide the fate of an appeal, so that miscarriage of justice could be avoided---To upset the findings arrived at by a Trial Court, extraordinary care is required, especially in an appeal against acquittal.

State vs Muhammad Aslam Ss — 2025 PCrLJ 1950 PESHAWAR-HIGH-COURT

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