Law: Pakistan Penal Code, 1860

Section: 147,148,337-F(v),506,506-B

Law: Criminal Procedure Code (V of 1898)

Section: 417(2A)

Penal Code (XLV of 1860)--- ----Ss. 337-F(v)/ 506/ 147/ 148---Criminal Procedure Code (V of 1898), S.417(2-A)---Causing Hashimah and criminal intimidation---Appeal against acquittal---Appreciation of evidence---Nothing had been mentioned in the F.I.R. as to which of accused had given blow/injuries to the victim---Even the victim had not attributed the injuries to any of accused---Material contradictions were noticed in the ocular testimony as well as medical evidence, which had made the case of the prosecution doubtful---Ample opportunity was provided to the counsel for the appellant/complainant to point out any illegality in the impugned , but he failed to point out any single illegality in the of the Judicial Magistrate---Contention of counsel for the appellant that appellant was not heard, was baseless---Judicial Magistrate had discussed the evidence of the prosecution witnesses in detail and had fully considered the material brought on record; his findings being not based on presumption and surmises, accused were rightly acquitted, in circumstances. THIS ORDER PASSED BY: SYED HASAN AZHAR RIZVI, J.--- Appellant has challenged the order dated 30-10-2010 passed by the IInd Judicial Magistrate, Karachi-South in Criminal Case No.230 of 2008 in F.I.R. No.195 of 2007 under sections 147/148/ 506-B/337-F(5), P.P.C. of Police Station Saddar, Karachi thereby acquitted all the accused persons. Brief facts of the case are that on 31-10-2007 at about 11-30 p.m. it was alleged in the F.I.R. that the accused persons, who are respondents in the present appeal, came at the house of the appellant and beaten his brother Marwin Swami with the result that his leg was fractured. Appellant lodged F.I.R. and after usual investigation the charge-sheet was submitted by the police before the competent Court. Evidence of six prosecution witnesses was recorded, thereafter, statements of accused persons were recorded, who denied the allegations. After hearing the learned counsel for the parties, learned Judicial Magistrate found the case doubtful and acquitted the accused/respondents in the present case as the prosecution had failed to prove its case against the accused persons beyond…

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