ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Acquittal Appeal No.S-169 of 2022

(Qamaruddin Shabani Vs. The State and others)

Date

               Order with signature of Judge

           

                            

                           1. For Orders on office objection.

                           2. For Orders on MA No. 5751/2022.

                           3. For hearing of main case.

09-03-2023.

            Appellant Qamaruddin in person.  

                           12-09-2014

                                     .-.-.-. -.-.-.-.-.-.-.-.-

 

1.         The facts in brief necessary for disposal of instant Crl. Acquittal Appeal are that the private respondents allegedly after having formed an unlawful assembly and in prosecution of their common object caused hatchet and lathi blows to PWs Irfan and Hussain Bux and then went away by making aerial firing to create harassment and threatening the appellant of murder, for that they were booked and reported upon by the police. On conclusion of trial, they were acquitted of the charge by learned III- Civil judge & Judicial Magistrate/MTMC Sukkur vide judgment dated 14-11-2022, which is impugned by the appellant before this Court by preferring the instant Crl. Acquittal Appeal.

2.         It is contended by the appellant that learned trial Magistrate has recorded acquittal of the private respondents on the basis of misappraisal of evidence that too without assigning cogent reasons; therefore their acquittal is liable to be set aside by this Court.

3.         Learned APG for the State by supporting the impugned judgment has sought for dismissal of instant Crl. Acquittal Appeal.

4.         Heard arguments and perused the record.

5.         The FIR of the incident has been lodged with delay of about 17 days; such delay having not been explained plausibly could not be overlooked. It is reflecting consultation and deliberation. No empty was secured from the place of incident, which falsified the allegation of the appellant that the aerial firing was made by the private respondents at the place of incident to create harassment. The parties admittedly are having dispute with each other over landed property. In these circumstances, learned trial Magistrate was right to record acquittal of the private respondents by extending them benefit of doubt, such acquittal is not found to be arbitrary or cursory to be interfered with by this Court.  

6.         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”.

7.         In view of the facts and reasons discussed above, the instant Crl. Acquittal Appeal fails and it is dismissed together with listed applications.  

 

             JUDGE

 

Nasim /PA