IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Criminal Acquittal Appeal No.S- 21 of 2021

 

Appellant/complainant     :        Allah Rakhio son of Mehmood Khan, bycaste Rajper, Residetn of village kachho Haji, Taluka Mehrabpur, District Naushahro Feroze.

 

Through. Haji Shamsuddin Rajper, advocate.

 

Private respondents         :         Not on notice.

 

The State                                 :       Through, Miss Shabana Naheed 

Mughal, APG for the State.

 

Date of hearing                   :         08-04-2021.             

Date of decision                  :         08-04-2021                          

 

JUDGMENT

 

IRSHAD ALI SHAH, J.-       The facts in brief necessary for disposal of instant acquittal appeal are that the private respondents on due trial were convicted and sentenced to various terms by learned 1st Civil Judge & Judicial Magistrate (MTMC) Kandiaro vide his judgment dated 16-12-2020. They on appeal were acquitted by learned Additional Sessions Judge, Kandiaro vide his judgment dated 02-02-202, which is impugned by the appellant before this Court by preferring the instant acquittal appeal.

2.         It is contended by learned counsel for the appellant that the private respondents have been acquitted by learned appellate Court on the basis of improper assessment of evidence, therefore, their acquittal is liable to be examined by this Court.

3.         Learned APG for the State by supporting the impugned judgment has sought for dismissal instant acquittal appeal by contending that the acquittal of the private respondents is based on proper assessment of evidence.

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

5.         The FIR of the incident has been lodged with delay of about one day; such delay having not been explained plausibly by the appellant; could not be over looked. It is reflecting consultation and deliberation. There is general allegation of the incident excepting the injuries sustained by PW Muhammad Saffar, which are attributed to respondent Shamshad. The injuries sustained by PW Muhammad Saffar as per learned counsel for the appellant are simple in nature. The parties admittedly are disputed over plot. In these circumstances, learned appellate Court was right to record acquittal of the private respondents by way of impugned judgment, which is not found to be arbitrary or cursory to be interfered with by this Court under the pretext that it is rendered on the basis of improper assessment of evidence.

6.        In case of State and others vs. Abdul Khaliq  and others (PLD 2011 SC-554), it has been observed 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”.

 

7.         In view of the facts and reasons discussed above, instant criminal acquittal appeal fails and it is dismissed in limine.                                                                                                                                                                                                                                                                           Judge

Nasim/P.A