ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Acquittal Appeal.No.S-43 of 2020

Date of hearing

Order with signature of Judge

Before:

                                       Mr.Justice Irshad Ali Shah.

1. For orders on M.A.No.3228/2020 (U/A)

2. For orders on office objection “A”

3. For orders on M.A.No.3229/2020 (E/A)

4. For hearing of main case.

10.08.2020

Appellant/accused in person

                             ~.~.~.~.~.

01.                  Urgency granted.

02.                  Differed.

03.                  Exemption granted subject to all just exception.     

04.                  It is alleged that the appellant/accused with rest of five culprits, after having formed an unlawful assembly and in prosecution of their common object, maltreated complainant Ghufran Ali and then went away by insulting him, for that they were booked and reported upon.

                        On due trial, the appellant/accused and five others were acquitted by learned trial Magistrate by extending them benefit of doubt by way of judgment dated 22.06.2020, which is impugned by the appellant/accused before this Court by way of instant Crl.Acquittal Appeal.

                        On being asked, after his acquittal how he could be said to be an aggrieved person? It was stated by the appellant/accused that he would not press disposal of instant appeal on merits, if the finding of the learned trial Court recording his acquittal on benefit of doubt is modified to the extent that his involvement in this case was false.

                        I have heard the appellant/accused in person and perused the record.

                        Admittedly, in all six persons have faced the trial in the instant case; all of them have been acquitted by learned trial Magistrate by extending them benefit of doubt; all of them are appearing to be satisfied with finding of their acquittal excepting the appellant/accused, who has come before this Court by way of instant Crl.Acquittal Appeal seeking modification of the finding of his acquittal as is indicated above, such modification could hardly be ordered by this Court by way of instant Crl.Acquittal Appeal at the instance of appellant/accused alone, who is hardly appearing to be an aggrieved person after his acquittal.

                        In view of above, the instant Crl.Acquittal Appeal is dismissed in limine.

                                                                                                J U D G E