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A miscarriage of justice, which may arise from acquittal of guilty, is no less than from conviction of an innocent

PLJ 2021 Cr.C. 1465 (DB) [Balochistan High Court, Quetta] Present:  Muhammad Kamran Khan Mulakhail and Rozi Khan Barrech,  JJ . CHAIRMAN NAB through Prosecutor General Accountability, NAB HQ, Shahrah-e-Jamhuriat, Islamabad--Appellant versus ZAHOOR TAJ etc.--Respondents Crl. Acquittal Ehtesab Appeal No. 28 of 2019, decided on 26.10.2020. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 265-K & 249-A--Exercise of powers--There is no embargo on appellate Court reviewing evidence, upon which an order of acquittal is based--Generally, order of acquittal shall not be interfered with, because presumption of innocence of accused is further strengthened by acquittal--However, in appeal or revisional proceedings, order of acquittal of accused under Section 249-A or Section 265-K of Cr.P.C. would not have same sanctity as orders of acquittal on merits--Consequently, principles, which are to be observed and applied in setting aside findings of acquittal, or principles, relating to ...