IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Criminal Acquittal Appeal No.S- 24 of 2019

 

 

 

Appellant/Complainant :      Muhammad Nawaz  through

Mr. Attaullah Bhutto, Advocate

 

                                               

                                                           

Date of hearing               :       15.03.2019          

Date of decision             :       15.03.2019                             

 

JUDGMENT

 

IRSHAD ALI SHAH, J.- The appellant/complainant by way of instant Criminal Acquittal Appeal has impugned judgment dated 21.01.2019, passed by learned IV-Additional Sessions Judge Mirpur Mathelo, whereby the private respondents have been acquitted of the offence for which they were charged.

2.                The facts in brief necessary for disposal of instant criminal acquittal appeal are that as per appellant/complainant the private respondents on 08.9.2017 demanded ‘Bhatha’ of Rs.200,000/- from him with a threat that, if he failed to pay the same either he or his son would be abducted and killed. On 12.09.2017, when he was going back to his house through his Car, he was taken by the private respondents to police station Dad Leghari, there he was locked up and maltreated and then his custody was shifted to police station Yaroo Lund, there he was kept in lock up and then was asked to go. He found his Car sustaining damage, its spare wheel missing together with Rs.50,000/- which were kept in Car. For that he lodged report of the incident with police station Yaro Lund by way of an application u/s 22-A and B Cr.P.C. Consequently, the private respondents were reported up by the police to face trial for the above said offence.

3.                At trial, the private respondents did not plead guilty to the charge and prosecution to prove it examined PW-1 SIP Ghulam Ali (Ex.03); PW-2 appellant/complainant (Ex.04), he produced FIR of the present case and then prosecution closed its side.

4.                On evaluation of the evidence so produced by the prosecution, learned trial Court acquitted the private respondents of the offence for which they were charged by way of impugned judgment as stated above.

5.                It is contended by learned counsel of the appellant/complainant that learned trial Court has acquitted the private respondents of the charge without lawful justification and without taking the evidence of the appellant/complainant into consideration. By contending so, he sought for admission of the instant Criminal Acquittal Appeal to its regular hearing for adequate action against the private respondents.

6.                I have considered the above arguments and perused the record.

7.                The FIR of the incident has been lodged with unexplained delay of seven months, such delay could not be lost sight of. There is no medical certificate which may suggest that the appellant/complainant was actually maltreated by the private respondents. Nothing has been brought on record by the appellant/complainant which may prove his ownership over the Car which allegedly was damaged by the private respondents. No witness as per SIO/SIP Ghulam Ali was produced by the appellant/complainant before him to substantiate his allegation. It was admitted by the appellant/complainant during course of his examination that his cousin is disputed with private respondent Abdul Rasheed over landed property and he is witness against him in a criminal case. The involvement of the private respondents if is examined in the light of such dispute then, it appears to be doubtful. The very case as per SIO/SIP Ghulam Ali on investigation was found to be false and was recommended to be cancelled by him under ‘B’ class. In these circumstances, learned                             trial Court was right to record acquittal of the private respondents by extending them benefit of doubt.

8.                In case of State and others vs. Abdul Khaliq and others (PLD 2011 SC-554), it has been held by the Hon’ble Apex Court that;

 

“The scope of interference in appeal against acquittal is most narrow and limited, because in an acquittal the presumption of innocence is significantly added to the cardinal rule of criminal jurisprudence, that an accused shall be presumed to be innocent until proved guilty; in other words, the presumption of innocence is doubled. The courts shall be very slow in interfering with such an acquittal judgment, unless it is shown to be perverse, passed in gross violation of law, suffering from the errors of grave misreading or non-reading of the evidence; such judgments should not be lightly interfered and heavy burden lies on the prosecution to rebut the presumption of innocence which the accused has earned and attained on account of his acquittal. Interference in a judgment of acquittal is rare and the prosecution must show that there are glaring errors of law and fact committed by the Court in arriving at the decision, which would result into grave miscarriage of justice; the acquittal judgment is perfunctory or wholly artificial or a shocking conclusion has been drawn. Judgment of acquittal should not be interjected until the findings are perverse, arbitrary, foolish, artificial, speculative and ridiculous. The Court of appeal should not interfere simply for the reason that on the reappraisal of the evidence a different conclusion could possibly be arrived at, the factual conclusions should not be upset, except when palpably perverse, suffering from serious and material factual infirmities”.

 

9.                In view of the facts and reasons discussed above, instant Criminal Acquittal Appeal fails and it is dismissed accordingly in limine.

                                                                                                                                                                                                    Judge

 

 

 

ARBROHI.