| Citation(s) |
|---|
| 2011 SLG 2210 2011 SLD 2210 2011 YLR 907 |
Sindh High Court
Criminal Acquittal Appeal No. S-9 of 2003, decided on 28th May, 2010
NISAR MUHAMMAD SHAIKH, J
None present for Appellant. Hafiz Musab Baleegh Dhamrah, State Counsel. Nemo for present for
Respondents Nos. 2 to 10
Criminal Acquittal Appeal No. S-9 of 2003, decided on 28th May, 2010
NISAR MUHAMMAD SHAIKH, J
None present for Appellant. Hafiz Musab Baleegh Dhamrah, State Counsel. Nemo for present for
Respondents Nos. 2 to 10
Syed WAZIR ALI SHAH
VS
THE STATE and 9 others
Law:
Section:
Penal Code (XLV of 1860)--- ---Ss. 506, 504, 380, 447, 147, 148 & 149---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.14---Criminal Procedure Code (V of 1898), S.417---Criminal intimidation, intentional insult, theft in dwelling house, criminal trespass---Appeal against acquittal---Appraisal of evidence--Version of the complainant as mentioned in his direct complaint was not corroborated by his own evidence recorded by the Trial Court as he disclosed no name of accused persons or any of their weapons, nor deposed about the alleged abuse or the threats issued to hint by accused---Copy of the complaint, which was initially moved before the S.S.P., had not been produced during evidence in support of alleged version---No corroborative evidence was adduced by the complainant regarding second incident; and his evidence as well as of his two witnesses, was contradictory creating doubts in his alleged version---No recovery was available to connect accused persons for the alleged theft etc.---Since the self contradictory evidence of the complainant was not also corroborated by his witnesses on material particulars, itself created doubt in his alleged version, which did not constitute any offence with which accused were charged, no conviction could be warranted on such doubtful evidence---Trial Court had properly appraised relevant evidence available on record by making careful examination of the same which had not been misread or omitted front consideration---Impugned of acquittal, in circumstances was unexceptionable, as same did not suffer from any factual or legal infirmity---Judgment of acquittal appeared to be the result of fair and legal appraisal of evidence on record with sound reasons---Since the complainant had not been able to show that the findings of the Trial Court were perverse, illogical, artificial or based on misreadings of evidence leading to miscarriage of justice; and since double presumption of innocence- was attached to the of acquittal, appeal of the complainant against acquittal deserved no merits, in circumstances---Appeal was disallowed. JUDGMENT NISAR MUHAMMAD SHAIKH, J.---Through this criminal acquittal…
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