IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Acquittal Appeal No. 256 of 2007

The State/Appellant: Additional Director FIA Passport Circle Karachi, through Mr. Gul Faraz Khattak DAG

Respondent No.1: Nemo for Hira Ahmed

Respondent No.2: Altaf Yousuf through Mr. MalikKhushal Khan advocate

Date of hearing: 17.10.2022

Date of judgment: 17.10.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is the case of prosecution the accused under accusation in furtherance of their common intention forged a passport and other documents to help accused Mst. Hira to go abroad, for that the present case was registered. On completion of investigation, two separate charge sheets were submitted one before learned Judicial Magistrate, Malir Karachi for prosecution of accused under sections 419/420/468/471/109 PPC and other before Special Judge (Central-II), Karachi for prosecution of the accused under Section 17(2)(b), 22(b) of E.O, 1979. At trial, the private respondents were acquitted under Section 249-A Cr.P.C, by learned Judicial Magistrate, Malir, Karachi vide order dated 21.06.2006 which is impugned by the appellant/State 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 trial Magistrate under Section 249-A Cr.P.C, without providing chance to the prosecution to prove its case against them by examining its witnesses, therefore, such order being illegal is liable to be set aside.

3. None has come forward to advance arguments on behalf of accused Mst. Hira probably for the reason that she has settled at abroad. However, learned counsel for accused Altaf Yousuf by supporting the impugned order has sought for dismissal of the instant acquittal appeal by contending that the private respondents have already been acquitted by learned Special Judge (Central-II), Karachi in main connected case and such acquittal has not been impugned by the State.

4. Heard arguments and perused the record.

5. Obviously, the reason which prevailed with learned trial Magistrate to record acquittal of the private respondents was that accused Mst. Hira was involved on the basis of statement of the co-accused which was inadmissible in evidence and role played by accused Altaf Yousuf in commission of incident is only to the extent that he being travel agent issued air ticket. It may be so or otherwise, but there could be made no denial to the fact that like every accused the prosecution too has got every right to prove its case to its satisfaction by examining its witnesses, which is guaranteed under Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973, such right could hardly be taken away by making unjustified conclusion that the charge is groundless and there is no probability of the conviction of private respondents, therefore, the acquittal of the private respondents without recording evidence of the appellant/State could not be sustained. The private respondents might have been acquitted in main connected case by learned Special Judge (Central-II), Karachi but such acquittal by itself may not be enough to earn dismissal of the instant Acquittal Appeal.

6. In view of above, the impugned order is set aside to the extent of the private respondents with direction to learned trial Magistrate to proceed with the case in accordance with law.

7. The instant Acquittal Appeal is disposed of accordingly.

JUDGE