Law: Pakistan Penal Code, 1860

Section: 459

Law: Criminal Procedure Code (V of 1898)

Section: 417(2A)

Penal Code (XLV of 1860)--- ----S.459---Criminal Procedure Code (V of 1898), S. 417(2-A)---Hurt caused while committing lurking house-trespass---Appeal against acquittal---All the witnesses were related inter se---Prosecution during trial had not attempted to procure the attendance of woman Medical Officer who had issued the medical certificate---No corroboration of the alleged injuries therefore, was available as the woman Medical Officer was not examined---Alleged injuries were not proved, in circumstances---Clothes of victim were not secured during investigation to corroborate the oral version of the complainant---Witnesses who were alleged to be the eye-witnesses of the incident, had not supported the prosecution case---Accused were brothers of husband of the complainant and some civil dispute was going on between them---Corroboration, is such circumstances, had to be available during trial, which was lacking in thecase-.-Prosecution having failed to prove its case beyond any reasonable shadow of doubt, Trial Court had rightly acquitted the accused persons. THIS ORDER PASSED BY: IMAM BUX BALOCH, J.--- Through this Acquittal Appeal the appellant challenged the judgment dated 20-1-2011 whereby the learned trial Court has acquitted respondents Nos.1 to 5. 2. Brief facts of the prosecution case are that complainant Mst. Naseem Akhtar was residing with his family members at first floor of House No.545, Malir Colony, Karachi while the accused residing on second floor and on the, ground floor there are two shops. That after the death of father-in-law of complainant, complainant's brother in law namely Arshad Ali was intending to dispossess her from her house and used to abuse the tenants of complainant and also in the absence of complainant they used to cause damage to the valuables of complainant. On 25-9-2009 at about 2-00 a.m. the door of house of complainant was badly beaten due to which they woke up and as soon as the complainant opened the door to see as to who was at the door, the accused persons trespassed into her house and started beating her and her children. The accused persons pulled her hair and tried to throw her out of the house and she tried to…

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