ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Acquittal Appeal No. D- 40 of 2022.

Date of hearing

Order with signature of Judge

25.10.2023.

1.         For orders on office objections.

2.         For orders on M.A. No. 5439/2022 (Exemption Application).

3.         For orders on M.A. No. 5440/2022 (Leave to appeal).

4.         For hearing of main case.

            Mr. Azhar Hussain Abbasi, Advocate for respondent No.1.

            Mr. Ali Anwar Kandhro, Additional Prosecutor General.

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            Mr. Abdul Rehman A. Bhutto, Advocate holds brief for Mr. Shakeel Ahmed G. Ansari, Advocate for the appellant.

            The record reflects that, the captioned appeal against acquittal of respondent Saleem Kakepoto has been filed by appellant Mst. Afroz Khatoon in the case arisen out of F.I.R No.19/2021 of P.S Dakhan, which was registered by the State (and not by present appellant Mst. Afroz Khatoon) for offence under Section 25 of the Sindh Arms Act, 2013. It is off-shoot case of F.I.R No.10/2021 of P.S Dakhan, registered for offences punishable under Sections 365-A, 302, 395, 148, 149 P.P.C read with Section 6/7 of Anti-Terrorism Act, 1997.

The appeal in hand has been filed by appellant Mst. Afroz Khatoon Kakepoto, who is the complainant of main case/ F.I.R No.10/2021 of P.S Dakhan. She has also filed appeal against acquittal of the same accused in main case i.e. F.I.R No.10/2021 of P.S Dakhan, vide Crl. Acquittal Appeal No. D- 41 of 2022.

It has been pointed out that, the State has also filed appeal against acquittal of the respondent/ accused in this off-shoot case i.e. F.I.R No.19/2021 of P.S Dakhan registered for offence under Section 25 of the Sindh Arms Act, 2013 vide Crl. Acquittal Appeal No. D- 07 of 2023.

In these circumstances, when the State has already filed appeal against acquittal of the respondent/ accused in the case arisen out of F.I.R No.19/2021 of P.S Dakhan; the appellant Mst. Afroz Khatoon (complainant of main case) is not competent to maintain appeal against acquittal of the respondent/ accused (in the case registered by the State), as an aggrieved person, especially in view of the fact the State (who is the complainant in case) has already filed appeal against acquittal of the accused/ respondent. All the learned counsels present including Mr. Abdul Rehman A. Bhutto, Advocate who is holding brief for Mr. Shakeel Ahmed Ansari counsel for the appellant concede to above position. This view also gets support from the case of Muhammad Usman v. Naseer  Muhammad and another reported in 2007 MLD 1185 [Karachi].

For the foregoing reasons, the instant criminal acquittal appeal stands dismissed accordingly along with pending application.

Judge

                                  Judge

Ansari