Case Details

Citation(s)
2025 SLG 3455 2025 SLD 3455 = 2025 SHC 1759
Sindh High Court, Sukkur Bench
Criminal Acquittal Appeal No. S-96 of 2023
Ali Haider “Ada”-J
Mr. Hamayoun Shaikh, Advocate for appellant. Mr. Qurban Ali Memon, Advocate for
Respondent No.2

Abdul Latif

VS

The State and another

Law: Gas (Theft Control and Recovery) Act, (XI of 2016)

Section: 15 and 17

Law: Code of Criminal Procedure, 1898

Section: 265-C,342

Summary

The appellant challenged the acquittal of Respondent No. 2, Ahmed Ali Shaikh, in a gas theft case under the Gas (Theft Control and Recovery) Act, 2016. The trial court acquitted the accused despite prosecution evidence including eyewitness testimony, photographic evidence, recovery of items, and an admission of ownership by the accused during his Section 342 Cr.P.C statement. The acquittal was challenged on grounds of misreading and non-appreciation of material evidence. The appeal court found that the trial court made serious factual and legal errors, including reliance on two persons declared hostile witnesses who were never part of the record, and reference to an unrelated statute (Manpuri Gutka Act, 2019). This constituted a failure in judicial reasoning. The appeal court partially allowed the appeal by setting aside the acquittal and remanding the case for fresh trial with directions for reappraisal of all evidence and ensuring a fair trial under principles of natural justice.

Core Points

No.Core Point
1Respondent No. 2 was acquitted by the trial court under Sections 15 and 17 of the Gas Theft Act 2016.
2Prosecution evidence included eyewitnesses, photographic proof, recovery of generator and materials.
3Accused admitted ownership of recovered items in his statement under Section 342, Cr.P.C.
4Trial Court relied erroneously on non-existent hostile witnesses (Zubair Ahmed and Ashique Hussain).
5Trial Court referred to an unrelated statute (Manpuri Gutka Act, 2019), showing confusion in law.
6Misreading and non-reading of evidence by trial court amounted to miscarriage of justice.
7Appeal Court held that accused is entitled to a fair trial, and complainant to fair adjudication.
8Case remanded to trial court for fresh decision and reappraisal of evidence without influence by previous findings.
9Directions issued for adherence to principles of natural justice and opportunity for all parties to argue.
10The accused to appear before trial court on 12.07.2025 and maintain surety unless discharged.

 

Law and Sections in Table Form

Law/StatuteSection(s)Description
Gas (Theft Control and Recovery) Act, 2016Sections 15 and 17Offences related to theft of gas and illegal connections; punishment for gas theft offenses.
Code of Criminal Procedure (Cr.P.C)Section 265-CProviding copies of documents to the accused for trial preparation.
Code of Criminal Procedure (Cr.P.C)Section 342Recording the accused’s statement and defense in court during trial proceedings.
Code of Criminal Procedure (Cr.P.C)  
Case Law References-Mst. Gulshan Bibi v. Muhammad Sadiq (PLD 2016 SC 769) - principles of fair trial and evidence
Case Law References Mst. Naseema Bibi v. Murad (2021 YLR 1243 FSC)
Case Law References Aijaz Ahmed Bhatti v. Muhammad Uris Meerani (2024 YLR 1233 Sindh)

J U D G M E N T

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