Before Saker, J. C.
CROWN- Complainant-Appellant
ABDUL MAJID-Accused-Respondent
Criminal Appeal No. 32 of 1949, decided on 25th March, 1950, from the judgment of S. M. Baqar, Special Judge, Government of Pakistan, Karachi, dated the 27th September, 1949.
(a) Criminal Procedure Code (V of 1898), S. 417-Appeal from acquittal-Double presumption in accused’s favour ¬Appellate Court slow to disturb finding of fact.
In an appeal by Government from acquittal the accused starts with a double presumption in his favour Firstly, there is the rule that it is for the prosecution to make out their case. Until they do so beyond reasonable doubt, the accused must be presumed to he innocent. Secondly, the accused having succeeded in securing acquittal from the Court, the Superior Court will rot interfere until the Crown shows conclusively that the inference of guilt is irresistible [p. 141.
A. 1. R. 1934 Pesh. 129 ref.
While in considering an appeal from acquittal the whole case is at large before the High Court, both as to the facts and as to the law, the Appellate Court will be slow to disturb a finding of fact arrived at by a judge who had opportunities for assessing the value of evidence which the Appellate Court has not had [p 1.5].
A. I. R. 1940 All. 291 ref.
(b) Practice-Sanction for prosecution-Order of Governor¬-General exhibited but not proved-Proof, hold, unnecessary¬ Prosecution pleading want of proof of sanction at appeal from acquittal- Improper-Prevention of Corruption Act (11 of 1947), S. 6-Pakistan Criminal Law (Amendment) Act (XI4′ of 1948), S.5(5).
(c) Criminal Procedure Coda (V of 1898), S. 257-Recalling of prosecution witnesses-Principle applies oven in summons cases.