ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

Cr.Acq.Appl.No.S-  202 of 2010

DATE                                     ORDER WITH SIGNATURE OF JUDGE

            1. For orders on MA 1926/10.

            2. For Katcha Peshi.

23.08.2010

Mr. S. Ghulam Hyder Shah, Advocate for appellant file statement which is taken on record.

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Through this Criminal Acquittal appeal, the appellant has impugned the judgment dated  4.6.2010 passed by Civil Judge & FCM Sanghar in Criminal Case No.66/2009, culminating from Crime No.9/2008 of P.S Choutiaryoon, for offence U/ s447, 420, 34 PPC. It is inter alia contended by learned counsel for the appellant that impugned judgment is based on misreading and non-reading of evidence. Per learned counsel while passing the impugned judgment, trial Court did not take into consideration material available on record. However, learned counsel for the appellant could not pin point any illegality or misreading and non-reading of the evidence in the impugned judgment.

Upon the perusal of impugned judgment, it appears that learned trial Court while passing the impugned judgment has gone through entire evidence and discussed each and every aspect of the case. Moreoever, this is acquittal appeal and it is settled principle of law that after acquittal, presumption of double innocence is attached with the acquittal order and the Appellate Court could not interfere unless the conclusion arrived at by the trial Court is ridiculous or same is a result of misreading or non-reading of the evidence.

In view of above, this Criminal Acquittal Appeal is dismissed in limine alongwith listed application.  

JUDGE