Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 447, 427, 337-A(iii) & 34---Criminal Procedure Code (V of 1898), Ss.417(2-A), 249-A & 512---Criminal trespass, mischief causing damage, causing Shajjah-i-Hashimah, common intention---Appeal against acquittal---Reappraisal of evidence---Trial Court, in the impugned order, had stated that the prosecution had abandoned one prosecution witness which amounted to be against the prosecution---Another accused had not been arrested by the Police and his arrest card had not been prepared---Trial Court had not initiated trial of said accused under S.512, Cr.P.C.---Said Court must have taken proceedings regarding the absence of one of accused persons, and trial proceedings should have been completed after declaring him absconder---Cutting and over-writing, were noticed in the challan of the case; and Trial Court was silent about said cutting and over-writing---Opinion of the Trial Court about absconder/accused was not clear---Findings of the Trial Court, were based on prosecution evidence, and had omitted to discuss the statement of the complainant---Order accepting the petition under S.249-A, Cr.P.C. was passed by the Trial Court which could be passed in two situations; firstly that, if the charge was groundless, the Trial Court had discretionary power to acquit accused under S.249-A, Cr.P.C. secondly that, if there was no probability of accused being convicted of any offence---Statement of the complainant, read with medical report, prima facie had shown the involvement of accused persons for the offence; in such a situation, Trial Court must have discussed the circumstances that rendered the prosecution evidence irrelevant; or same was inadmissible in evidence---Such kind of appraisal of prosecution evidence, was possible only after recording statements of the remaining prosecution witnesses---Case demanded complete trial and not the short-cut as adopted by the Trial Court---Impugned order, was set aside, and case was remanded to the Trial Court, with direction to complete the trial proceedings. THIS JUDGMENT DELIVERED BY: MUHAMMAD ALAM, JUSTICE:---.--- This is a criminal appeal against judgment/order dated 12-9-2014 of the…

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