Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 249-A--Pakistan Penal Code, (XLV of 1860), S. 338-B--Appeal against acquittal under Section 249-A, Cr.P.C.--Held: Once the accused/respondents are acquitted by the competent trial Court, the presumption of double innocence is available to the accused/respondents--For convincing the acquitted accused there need strong and just proof to set aside the findings of the acquittal--Impugned order was neither perverse, capricious nor fanciful--Appeal against acquittal was dismissed. THIS ORDER PASSED BY: HAFIZ ABDUL REHMAN ANSARI, JUSTICE---.--- Through this criminal appeal Mst. Sabran Bibi wife of Nasir Ahmad has assailed acquittal order dated 8.7.2009 of Respondents No. 1 to 3 passed by Magistrate 1st Class, Sahiwal. 2. Brief story of the prosecution is that at the complaint of Mst. Sabran Bibi, present appellant, case FIR No.449/08 was got registered on 1.12.2008 under Section 338-B of PPC against Respondents No.1 to 3. After investigation of the case report under Section 173 Cr.P.C. was submitted before the learned Illaqa Magistrate Respondent No.1. It is alleged in the FIR that the accused persons gave her beating with kicks and fist blows. She was pregnant and due to violence her miscarriage was caused. The prosecution story as narrated in the FIR this occurrence took place on 21.8.2008 while FIR was got registered on 1.12.2008 with unexplained delay of four months. 3. The respondents/accused filed an application under Section 249-A of Cr.P.C of their acquittal before the learned trial Court. 4. During the trial complainant Mst. Sabran Bibi appeared herself as PW-1 and in her statement she repeated the contents of the FIR. During examination-in-chief she admitted that exchange of harsh words and abuses happened between both the parties. She did not attribute role to any of the accused resulting into specific injury. During cross-examination she admitted that civil cases regarding the civil dispute between her husband and one of the accused Falak Sher are pending. During further cross-examination some material contributions came to the surface out of the mouth of PW-1. Muhammad Amin son of Mian Sultan appeared as…

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