Law:

Section:

Penal Code (XLV of 1860)--- ----Ss.392, 406, 468, 471, 109, 193 & 34---Criminal Procedure Code (V of 1898), S. 417(2-A)---Robbery, criminal breach of trust, forgery for purpose of cheating, using as genuine a forged document, abetment, false evidence, common intention---Appeal against acquittal---Trial Court observed all possible measures to secure the attendance of prosecution witnesses, but despite said efforts, the prosecution failed to produce the witnesses, which left the adverse inference, that either the prosecution was suppressing material facts, or the witnesses were not supporting the prosecution---Trial Court was justified to treat such withholding evidence as a flaw in the prosecution evidence---Trial Court had no other option, except to pass appropriate order and decide the case on basis of evidence available on record---Appellant/complainant had admitted that flats in dispute were the property of his accused/wife---Complainant had also admitted that on the basis of power of attorney executed by his wife in his favour, he executed, registered sale deed in respect of said flats in his favour---Complainant had no proof of gold ornaments allegedly robbed from his office---Complainant had admitted that after the incident, he was residing with his wife and sons in the same flat---Said admission set out stigma in the sanctity of allegations and did not appeal that a victim of robbery case without redressal of his grievance, was residing with the offenders in the same flat---Civil litigation was pending between the parties---No illegality or irregularity having been notified in the impugned order of acquitting accused, same did not require interference of High Court. THIS ORDER PASSED BY: FAROOQ ALI CHANNA, J.--- Appellant Sajjad Hussain Mukhi has called in question the order dated 8-12-2012 passed by learned VIIth Assistant Sessions Judge, Karachi-East (hereinafter referred to trial Court) in Criminal Case No. 116 of 2010 culminated in F.I.R. No. 387 of 2010 Police Station Soldier Bazar, Karachi under sections 392/ 406/468/471/109/193/34 P.P.C., acquitting the respondents under section 265-K Cr.P.C. Brief facts of the case are that appellant Sajjad…

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