Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)-- ----Art. 117---Burden of proof---Burden always lay on the prosecution to prove its case, and same never would shift---Anyone who alleged, must prove the allegation. (b) Criminal Procedure Code (V of 1898)--- ----S.417(2-A)---Appeal against acquittal---Interference by High Court in the acquittal passed by the Trial Court was unwarranted, unless the acquittal was arbitrary, capricious, fanciful and against the record---Appraisal of evidence in an appeal against conviction was done strictly, but in an appeal against acquittal same rigid method was not to be applied---Interference by High Court, could be made only where there was gross misreading of evidence amounting to miscarriage of justice---Acquittal of an accused could not be set aside lightly in absence of any strong evidence---Finding of acquittal not sacrosanct, if reasons were of speculative or artificial in nature, or based on no evidence, or misrepresentation of evidence, or the conclusion drawn as to guilt or innocence was perverse resulting into miscarriage of justice, High Court could interfere in the finding of acquittal. Haji Amanullah v. Munir Ahmed 2010 SCMR 222 ref. ORDER SADIQ HUSSAIN BHATTI, J.---Respondents/accused Sikiladho Rahimoon, Mst. Asma Khaskheli were tried by learned Sessions Judge, Umerkot in Sessions Case No.86 of 2009 arising out of F.I.R. No.118 of 2007 lodged by appellant/complainant Wali Muhammad Rajar at Police Station Umerkot on 20-8-2007 for alleged offence under sections 408, 418, 420, 422, 423, 467, 468, 474, 475, P.P.C. After due session trial both the above-named accused persons were acquitted by learned Sessions Judge, Umerkot vide his judgment dated 29-5-2010. Being aggrieved and dissatisfied by above acquittal judgment, appellant/ complainant Wali Muhammad Rajar filed this Criminal Acquittal Appeal under section 417(2-A), Cr.P.C. challenging the above acquittals and requesting this Court to set aside the above judgment after due legal scrutiny or pass any appropriate legal order as warranted by law. The prosecution story, in brief, as given in the F.I.R. abovesaid is as under:-- "Complaint is that I am Accountant in the Institution…

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