Law: Pakistan Penal Code, 1860

Section: 411,109,419,420

Law: Criminal Procedure Code (V of 1898)

Section: 417(2A),512,169

Penal Code (XLV of 1860)--- ----Ss. 411, 109, 419 & 420---Criminal Procedure Code (V of 1898), S.417(2-A)---Dishonestly receiving stolen property, abetment, cheating by personation, cheating and dishonestly inducing delivery of property--- Appeal against acquittal--- Appreciation of evidence---Complainant, initially nominated six accused persons, and after the investigation, out of six accused persons, two were discharged under S.169, Cr.P.C. and another one was proceeded under S.512, Cr.P.C.---Challan failed to mention that proceedings had also been taken against the remaining accused persons---Complainant, after the acquittal of accused persons, had neither filed any appeal against the acquittal order, nor he had been arrayed as party in the present appeal---Timber in question was property of the complainant, who had also suffered financial loss, but he had not come to the court; which had strengthen the presumption of innocence of accused persons, who after acquittal order enjoyed the double presumption of innocence---Once an acquittal order was recorded in favour of accused person, it could not be lightly interfered with by High Court---Discharge of some accused persons under S.169, Cr.P.C., and nothing incriminating against some of accused persons was mentioned in the challan, was also fatal to prosecution case---Prosecution had not succeeded to make out a case against accused persons, even on merits---Appeal being time barred as well as without any merit, was dismissed, in circumstances. ORDER SARDAR ABDUL HAMEED KHAN, J.---This appeal has been filed against the order of Judge Anti-Corruption Muzaffarabad dated 26-3-2008, whereby the respondents were acquitted of the charge levelled against them. The precise facts giving rise to the instant appeal are that Munawar Hussain Shah son of Miskeen Shah/complainant has moved an application to SSP Muzaffarabad. It is stated in the application that he got Form No.25 after due course of law, from the Forest Department for transportation of timber from his own land Arlian to Muzaffarbad. It is further averred that when he went to Muzaffarabad for getting the above said permit, the respondent No.1, who is…

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