1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the complainant side in a murder case against acquittal.
2. ' Two accused were acquitted by the trial Court. The remaining out of 8 were acquitted by the High Court. Admittedly the occurrence was of dark night. The moon had not yet arisen at the relevant time. Learned counsel, however, vehemently argued that in the circumstances of this case, some witnesses, if not all, could have identified the culprits in the star light.
3. ' If in a case like the present one it is held by the lower Court that the witnesses were able to identify the culprits and the conviction is maintained, it would be a different situation in the Supreme Court.
4. The appreciation of evidence in that case by the lower Court/s might be accepted. This is, however, a petition against acquittal. The position is different. Even on a difference of opinion on the assessm ent of evidence, if it does not suffer from well-known infirmities like non-reading or misreading of evidence on substantial points, the acquittal would not be set aside. In our view, therefore, the first point raised by the learned counsel regarding possibility of genuine/correct identification by the eye-witnesses, in the context of this petition for leave to appeal against acquittal, has no force.
5. ' After the failure on the first point the learned counsel who had also raised the point regarding corroboration could not pursue the second point to its logical end. In the circumstances of this case, therefore, leave to appeal is refused.