Law: Pakistan Penal Code, 1860

Section: 34,504

Law: Criminal Procedure Code (V of 1898)

Section: 417

Penal Code (XLV of 1860)--- ----Ss. 504 & 34---Criminal Procedure Code (V of 1898), S.417---Insult with intent to provoke breach of peace, common intention---Appeal against acquittal---Reappraisal of evidence---Charge against accused persons was that they being armed with lathis, issued threats to the complainant and caused kick and fist blows to him---No material was available on record showing that complainant had sustained injuries---Incident was reported to Police after unexplained delay of eleven days of the incident---Eye-witnesses were close relatives of the complainant and no person from the locality had been cited or examined by the prosecution---Nothing was recovered from place of Wardat or from the possession of accused persons which could connect them with the commission of offence---Contradictions and discrepancies regarding date and time of incident and the manner in which the incident occurred had created serious doubt in prosecution case---Evidence of Investigating Officer was not helpful to the prosecution---Judgment passed by Magistrate/Trial Court, was based on proper appreciation of evidence and counsel for the complainant had failed to show that the impugned was fanciful---Prosecution failed to point out that some incriminating evidence was not taken into consideration by the Magistrate, which had caused gross miscarriage of justice---When accused was acquitted by a court of competent jurisdiction then double presumption of innocence was attached to its , with which the superior court would not interfere, unless the impugned was vague, perverse and arbitrary or against the record---Impugned passed by the Magistrate did not suffer from any infirmity---Acquittal appeal being devoid of merits, was dismissed. Haji Amanullah v. Munir Ahmed and others 2010 SCMR 222 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD IQBAL MAHAR, J.--- Instant acquittal appeal is directed against the judgment dated 01.10.2011 passed by learned Civil Judge and Judicial Magistrate Golarchi at Badin in Case No. 26/2011, arising out of FIR No. 82/ 2006, P.S, S.F. Raho, offence under sections 504, 34, P.P.C., whereby respondents-accused Nos. 1 to 5 were acquitted. 2.…

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