Law: Penal Code (XLV of 1860)

Section: 406

Law: Criminal Procedure Code (V of 1898)

Section: 417(2-A)

Penal Code (XLV of 1860)--- ----S. 406---Criminal Procedure Code (V of 1898), S.417(2-A)---Criminal breach of trust---Appeal against acquittal---No money had been given by the complainant as a trust to accused, but was given for investment and profit---Contractual deal existed between the complainant and accused regarding which agreement was reduced into writing and there was no criminal breach of trust---Remedy available to the complainant, in circumstances, was resort to the civil court for getting his grievance redressed---Verdict of acquittal could not be interfered with unless strong evidence was available to establish the guilt---In order to disturb an order of acquittal, it must be. shown that the judgment of acquittal was either perverse or was manifestly wrong, with the result that miscarriage of justice had taken place---Findings of the Trial Court were well justified, which did not call for interference---For dispensation of justice, court had to watch the interest of both the sides and not the prosecution side alone---Impugned judgment not appearing to be perverse or arbitrary or based on non-appreciation or improper appreciation of evidence there was no reason to disagree with the conclusion arrived at by the Trial Court---Appeal against acquittal being without any merits, was dismissed, in circumstances. ORDER IQBAL HAMEED-UR-REHMAN, C.J.---This is an appeal filed by Ghulam Fareed, son of Muhammad Khan under section 417(2-A), Cr.P.C. challenging the acquittal of respondent No.1-Muhammad Din Rana in case F.I.R. No.372 of 2008 dated 19-9-2008 under section 406, P.P.C. registered with Police Station Industrial Area, Islamabad for committing criminal breach of trust. Respondent No.1 was tried by learned Judicial Magistrate Section 30, Islamabad who by his judgment dated 25-4-2011, acquitted him on the ground that the ingredient of the offence under section 405, P.P.C. for criminal breach of trust is not proved. Feeling aggrieved by the impugned judgment, the appellant has filed the instant appeal. 2. The prosecution case as it unraveled in the F.I.R. registered on the basis of application filed by the complainant/appellant, was that the complainant is…

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