Mazhar Khan vs Muhammad Sajid Hussain Ss — 2025 YLR 1198 HIGH-COURT-AZAD-KASHMIR

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Mazhar Khan VS Muhammad Sajid Hussain Ss. 410 & 417---appeal against conviction and acquittal---Distinction---acquittal carries double presumption of innocence---Every accused person is presumed to be innocent unless proved guilty and such presumption is further strengthened by his acquittal order by a Court of competent jurisdiction---appellate Court will interfere in the acquittal order only if it is established from the record that the same is perverse and the reasons listed in support of acquittal are artificial or ridiculous. Citation Name: 2025 YLR 1198 HIGH-COURT-AZAD-KASHMIRBookmark this Case Mazhar Khan VS Muhammad Sajid Hussain Ss. 302(b), 109 & 34---Criminal Procedure Code (V of 1898), S.417---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Appeal against acquittal---Extra-judicial confession---Accused were charged for committing murder of the brother of complainant and hanging his dead body with a tree---Prosecution witness allegedly in whose presence extra-judicial confession was made recorded his Court statement but he did not utter any word that accused persons made any extra-judicial confession in his presence rather deposed that one of the accused persons told him through telephonic call that he did not murder the deceased rather some girls murdered him---Said witness further deposed in his Court statement that the accused confessed his offence in his presence at Police Station, thus any confession in custody of police was of no legal value---Court below had rightly observed that extra-judicial confession could not be made basis for recording conviction unless it was strongly corroborated by tangible evidence coming from an unimpeachable source because extra-judicial confession was a weak piece of evidence---Appeal against acquittal was dismissed, in circumstances. Citation Name: 2025 YLR 1198 HIGH-COURT-AZAD-KASHMIRBookmark this Case Mazhar Khan VS Muhammad Sajid Hussain Ss. 302(b), 109 & 34---Criminal Procedure Code (V of 1898), S.417---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Appeal against acquittal---Motive not proved---Accused were charged for committing murder of the brother of complainant and hanging his dead body with a tree---Motive behind the occurrence was that accused had developed illicit relations with niece of the deceased whereupon the deceased forbade them to come to his house and due to such reason occurrence took place---Record showed that earlier quarrel was not established because the important witnesses in order to prove said motive had not been produced before the Court---Prosecution had also failed to prove any quarrel between the deceased and the accused prior to the incident, thus the motive behind the occurrence remained shrouded in mystery---Court below had rightly observed that the prosecution failed to prove its case against the accused/respondents, hence accurately acquitted them of the charges---Appeal against acquittal was dismissed in circumstances. Citation Name: 2025 YLR 1198 HIGH-COURT-AZAD-KASHMIRBookmark this Case Mazhar Khan VS Muhammad Sajid Hussain Benefit of doubt---Principle---If a slightest doubt is created in the prosecution story the benefit of the same has to be extended in favour of accused.

Mazhar Khan vs Muhammad Sajid Hussain Ss — 2025 YLR 1198 HIGH-COURT-AZAD-KASHMIR

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