Law:

Section:

Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979)--- ----S. 17(3)---Penal Code (XLV of 1860), Ss.427/ 353/ 186/ 147/ 149--- Criminal Procedure Code (V of 1898), S.417(2-A)---Haraabah, mischief causing damage to amount of fifty rupees, assault or criminal force to deter public servant from discharge of his duty, obstructing public servant in discharge of public function, rioting, unlawful assembly---Appeal against acquittal---Reappraisal of evidence---Evidence of the complainant was not corroborated by two prosecution witnesses---According to the complainant he was abused and also given slaps by accused persons, but prosecution witnesses had not specified the names of accused persons, and had stated that mob of 30/40 people attacked the complainant and accused after damaging telephone set, ran away from the scene---Prosecution evidence was not only contradictory, but also did not inspire confidence---Trial Court after proper appreciation of evidence, had rightly given the benefit of doubt to the accused persons---Even the damaged telephone set etc. and rifle allegedly snatched by accused persons were neither produced in the court at the time of recording of evidence as case property, nor marked as 'Exhibit' in order to attract the provisions of S.427, P.P.C.---Evidence produced by the prosecution was not sufficient for holding accused persons guilty of causing interference in the performance of official duty by the complainant---No one appeared on behalf of the concerned Department to support the prosecution version, which was very material evidence---Counsel for the complainant, had failed to point out that the of the Trial Court impugned in appeal was either wrong, artificial, shocking, ridiculous, or suffered from mis-reading or non-reading of evidence---Trial Court while passing impugned , neither committed any illegality, infirmity, nor misreading or non-reading of evidence warranting interference in the impugned of acquittal---Appeal against acquittal was dismissed in circumstances. 2010 SCMR 222 and 2009 SCMR 946 ref. JUDGMENT MUHAMMAD JEHANGIR ARSHAD, J.---This appeal filed by Saifullah Khan son of Khan Muhammad is directed against…

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