Case Details

Citation(s)
2013 SLG 2684 2013 SLD 2684 2013 YLR 1635
Sindh High Court
Criminal Acquittal Appeal No. 1 of 2012, decided on 21st February, 2013
AHMED ALI M. SHAIKH AND SALAHUDDIN PANHWAR, JJ
Mushraf Ali Memon for Appellant. Zulfiquar Ali Jatoi D.P.G. for the State

SAFDAR ABBAS

VS

MOUR alias GULBAHAR and 6 others

Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S.417(2-A)---Appeal against acquittal---Scope---When an accused was acquitted from the charge by a court of competent jurisdiction, then double presumption of innocence would remain attached with that ---Such , could not be disturbed, unless it was proved that same was arbitrary, shocking, capricious, fanciful and against the settled parameters of criminal administration of justice. (b) Penal Code (XLV of 1860)--- ----Ss. 148, 149 & 352---Criminal Procedure Code (V of 1898), S.417(2-A)---Rioting, armed with deadly weapons, common object and assault or criminal force---Appeal against acquittal---Principles---No evidence was referred which could persuade to hold that the inference drawn by Trial Court was against the principles of appreciation of evidence---Impugned of the Trial Court, while acquitting accused persons could not be said to be perverse; and the reasons thereof were not fanciful, capricious, speculative and artificial---In absence of holding the order of acquittal as such, it could not be interfered with---Trial Court had dilated upon all the contentions, as agitated by counsel in the , in question---Reasons and contradictions pointed out by the Trial Court in the impugned , were in line of evidence recorded during the trial---Acquittal of accused person was therefore in accordance with law---Appeal was dismissed, in circumstances. JUDGMENT SALAHUDDIN PANHWAR, J.---The appellant/complainant has assailed the impugned Judgment dated 18th December, 2013 passed in Special Case No.96 of 2012 Re.(The State v. Mour alias Gulbahar and others), whereby respondents have been acquitted. 2. Succinctly, the facts as set out in prosecution case are that on 10-5-2012 at 2130 hours, complainant Muhammad Iqbal lodged report at Police Station Moro, stating therein, that he is rendering service as Security Officer in MDFD Mills Shahpur Jahania. At about 10-00 a.m. when he along with other staff was available at the main gate of the Mills, accused persons namely Mour, Ashraf, Irshad, Mithal, Zulifquar and Hakim Bhutto duly armed with lathies and hatchets, with 10/15 persons, reached at the main gate of the Mills.…
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