Reappraisal of evidence --- Complainant, simply disposed in his statement
that he was told by his son on mobile phone about the occurrence, but in
support of his claim, complainant did not produce the mobile phone, or any call
data --- No proof of the presence of accused before the occurrence, or after
the occurrence was available – Complainant claimed that deceased was his wife,
but, he did not produce any evidence i.e. Nikahnama or any witness of nikkah in
support of his claim --- Complainant, in circumstances, could not prove that
deceased was his wife --- Two minor eye- witnesses of the occurrence, were not
produced for recording their evidence, wherefrom a strong presumption against the
prosecution could be drawn as stipulated under Art. 129 illustration (g) of
Qanun-e-Shahadat, 1984 ---- Nothing was on record to establish that alleged
offences were committed by accused --- Statements of the prosecution witnesses,
complainant, investigating Officer, and other prosecution witnesses, could not
bring anything on record incriminating against accused – No crime weapon, had
been recovered from the person, or on the pointation of accused ---No judicial
or extra judicial confession, was on record to constitute the offence alleged
against accused --- Accused though had not appeared before the court, but a favourable
order in his absence, was not prohibited under law --- Once accused had been
acquitted by the Court of competent jurisdiction, he would enjoy double
presumption of innocence --- Case being of no evidence, appeal of the State against
acquittal was without any substance, and accused stood rightly acquitted --- Impugned
acquittal order stood confirmed, and appeal against acquittal was dismissed.
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