Law: Pakistan Penal Code, 1860

Section: 34,376,380

Law: Criminal Procedure Code (V of 1898)

Section: 22A,161,164,340(2),342,417

Penal Code (XLV of 1860)--- ----Ss. 376 & 380---Criminal Procedure Code (V of 1898), S. 417---Appeal against acquittal---Appreciation of evidence---Rape and theft---Proof---Registration of FIR---Unexplained delay---Complainant was aggrieved of passed by Trial Court whereby accused persons were acquitted of charges of raping his daughter and committing theft at his place of residence---Validity---Case of prosecution was doubtful as complainant reported matter to police with delay without explanation and FIR was lodged on an order of Justice of Peace passed 16 days after occurrence---Time of occurrence was also not mentioned---Statements of prosecution witnesses were not consistent or solid evidence and false implication of accused could not be ruled out---Neither trouser (shalwar) of victim was given to prosecution nor any money was recovered from accused persons---Order of acquittal could not be interfered with because acquittal recorded by a court of competent jurisdiction carried double presumption of innocence and very strong reasons were required to discharge such presumption---Case of prosecution was neither solid nor consistent against accused persons of charge---High Court declined to interfere in passed by Trial Court as order of acquittal passed by Trial Court was neither arbitrary nor contrary to evidence on record---Appeal was dismissed in circumstances. Mehmood Ahmed v. The State 1995 SCMR 127 rel. THIS ORDER PASSED BY: ABDUL HAMEED BALOCH, J.--- This Criminal Acquittal Appeal is directed against the judgment dated 21.03.2019 ("impugned judgment") passed by the Additional Sessions Judge, Hub ("trial Court") whereby the private respondents/accused were acquitted of the charge in FIR No. 241 of 2018, lodged with Police Station Hub City District Lasbela, under sections 376, 380, P.P.C. 2. Brief facts of the prosecution case are that complainant namely Fayyaz Ahmed lodged FIR No.241 of 2018 with Police Station Hub City, alleging therein that he was working in Naeem Hotel as labourer for his livelihood. On 6th May, 2018 he along with his son set out for work, leaving his daughter in law (Abida Parveen) and two daughters (Mst. Iqra and Mst. Razia…

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