KHAN vs SAJJAD and 2 others

ORDER

' IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition has been filed for leave to appeal against the judgment dated 17th July, 2001 passed by Lahore High Court, Lahore whereby criminal appeal filed by petitioner has been dismissed.

2. We have heard the learned counsel for petitioner and have also gone through the impugned judgment carefully. Learned Judge in Chambers of the High Court decided Criminal Appeal No,698 of 1997 after attending the case from all possible dimensions during course A whereof evidence so available on record was also examined and thereafter on cogent reasons formed opinion that appeal has no merits. It is to be noted that in criminal appeals filed against acquittal orders, the Appellate Courts have to exercise jurisdiction cautiously because the respondent who has been exonerated from the criminal charges, enjoys double presumption of innocence, the one available to him before conclusion of the trial and the second after the verdict of the Court declaring him not guilty and that is why it is always said that if at all the Appellate Court comes to conclusion to interfere in the acquittal order it should strictly follow the principles laid down in this behalf from time to time by superior Courts for the guidance of the Courts seized with the matter. In this context reference may be made to the judgments reported in (1) Ghulam Sikandar and another v.

Mamaraz Khan and others PLD 1985 SC 11, (2) Khadim Hussain v. Manzoor Hussain Shah and 3 others 2002 SCM R 261 and (3) Munawar Shah v. Liaquat Hussain and others 2002 SCM R 713.

Thus for the foregoing reasons, petition being devoid of force is dismissed and leave declined.