O R D E R     S H E E T

IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

Criminal Acquittal Appeal No. S-39   of 2011

 

Date

Order with signature of the Judge

 

  1. For orders on office objection.
  2. For orders on M.A No.2337/2011
  3. For orders on M.A No.2338/2011
  4. For Katcha Peshi                             

 

11.11.2011

 

Mr. Faiz Muhammad Larik, advocate for applicant.

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            Through this acquittal appeal, appellant has impugned judgment dated 25.10.2011 passed by 7th Civil Judge & Judicial Magistrate, Shikarpur in Direct Complaint No.284/2010 whereby extending benefit of doubt respondents have been acquitted. It is, inter alia, contended that impugned judgment is full of infirmities and illegalities. Prosecution witnesses have supported the version of the appellant but such aspect was not considered in its true perspective. On query, learned counsel for the appellant could not pin point any illegality or infirmity, misreading or non reading of evidence.

            I have heard the learned counsel.

            This is acquittal appeal and the criteria is altogether different from appeal against conviction. It is almost settled principle of law that after acquittal presumption of double innocence is attached with the acquittal order and same cannot be interfered with unless the conclusion arrived at is capricious, fanciful or arbitrary or result of misreading or non reading of evidence.

            For the foregoing reasons, I do not find any merit in the instant appeal which is accordingly dismissed.

 

                                                                                                            Judge