Acquittal without recording of evidence—Double presumption of innocence

2020 P Cr. L J 830 [Islamabad]

S. 406—Criminal Procedure Code (V of 1898), Ss.249-A & 265-K—Criminal breach of trust—Acquittal without recording of evidence—Double presumption of innocence— Documentary evidence—Complainant was aggrieved of acquittal of accused by Trial Court just after framing of charge and without recording of any evidence—Plea raised by complainant was that Trial Court acquitted the accused without deciding his application for placing documentary evidence on record—Validity—Charge was mainly hinged upon record but Trial Court instead of entertaining application of complainant or deciding the same in either way on its own merits, straightaway proceeded to acquit the accused— Order of acquittal by Trial Court was transgression of authority and did not warrant exceptional treatment for want of exceptional circumstances–
Acquittal in terms of S. 249-A, Cr.P.C. or for that matter S. 265-K, Cr.P.C. could not be equated with acquittal earned after full length trial and recording of evidence—Principle of double presumption of innocence was not attached to such order of acquittal—High Court set aside order of acquittal and remanded the case to Trial Court for proceeding in accordance with law—Appeal was allowed in circumstances.

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