ORDER SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Acquittal Appeal No.D-05 of 2019.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of main case.

22.02.2022

                        Mr. Faiz Muhammad Larik, Advocate for the appellant.

                        Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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                        It is alleged by the appellant that the private respondents with rest of the culprits, by committing trespass in her house besides committing robbery, committed murder of Asif Ali after abducting him, for that he lodged direct complaint. It was brought on record and after due trial, the private respondents were acquitted by learned by learned 2^nd Additional Sessions Judge, Shikarpur, vide judgment dated 21.01.2019, which is impugned by the appellant before this Court by preferring the instant criminal acquittal appeal.

                        The acquittal of anyone, if recorded on a direct complaint, as per mandate contained by Section 417(2) Cr.PC, could only be challenged with special leave of the Court. No such leave is obtained by the appellant prior to filing of the instant criminal acquittal appeal. Consequently, the instant criminal acquittal appeal being incompetent is dismissed accordingly. JUDGE 

JUDGE