Law:

Section:

(a) Criminal Procedure Code (V of 1898)------S. 265-K---Appeal against acquittal---Trial Court acquitting accused under S. 265-K, Cr.P.C. due to non-appearance of private witnesses on one or more dates of hearing---Legality---Case diaries reflected that on two separate dates, complainant and a prosecution witness were present, however, they were returned un-examined---Case record showed that prosecution witnesses were vigilant in pursuing their case---Charge sheet revealed that some police officials had also been cited as prosecution witnesses, but order of acquittal passed by Trial Court nowhere indicated that process was also issued against the official witnesses and they despite service failed to appear before the Trial Court for evidence---Trial Court on basis of non-appearance of private witnesses on one or more dates of hearing was not justified to observe that the complainant and other prosecution witnesses had nothing to depose against the accused, and in such circumstances there would be no probability of accused being convicted---Such observations prima facie appeared to be imaginary and unfounded---Impugned acquittal order passed by Trial Court was set-aside, and case was remanded to the Trial Court with direction to record evidence of prosecution witnesses and decide the case on merits---Appeal against acquittal was allowed accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 265-K--- Power of court to acquit accused at any stage---Scope---Court was under an obligation to exercise powers under S. 265-K, Cr.P.C. sparingly and judicially and in no way arbitrarily. ORDER FAROOQ ALI CHANNA, J.---The appellant through this criminal acquittal appeal has called in question the order dated 25-11-2013, passed by learned Additional Sessions Judge-IV, Karachi (West) in Sessions Case No.858/2009 arising out of F.I.R No.635/2009, Police Station SITE-A, Karachi under sections 324/427/34 P.P.C. lodged by complainant Haji Abdul Ghaffar Khan, acquitting the respondents under section 265-K, Cr.P.C. Learned counsel for the appellant has contended that the trial Court has acquitted the respondents on the sole ground that the prosecution witnesses were not…

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