Law: Pakistan Penal Code (PPC),1860

Section: 489-F

Law: Code of Criminal Procedure, 1898

Section: 249-A, 173

Law: Qanun-e-Shahadat Order, 1984

Section: 129(g)

Summary

The appellant challenged the acquittal of the respondent under section 489-F PPC, passed by the Judicial Magistrate under section 249-A Cr.P.C. The appellate court held that the prosecution case was based solely on the complainant’s contradictory testimony, lacked proof of lawful consideration, ownership, or transfer of property, and failed to establish any legal obligation to pay. Since essential ingredients of section 489-F PPC were missing and no probability of conviction existed, the trial court rightly exercised its powers under section 249-A Cr.P.C. Accordingly, the criminal appeal was dismissed in limine.

Tag Line

“Acquittal under section 249-A Cr.P.C. upheld where lawful consideration and obligation under section 489-F PPC were not proved.”

ORDER;