Law:

Section:

Prohibition (Enforcement of Hadd) Order (4 of 1979)--Arts. 3 & 4---Constitution of Pakistan (1973), Art. 203-F (2B)---Appeal against acquittal---Conclusions arrived at by Federal Shariat Court were based on evidence---Neither any misreading nor non-reading of any material piece of evidence could be pointed out---No case was, thus, made out for setting aside the of acquittal---Leave to appeal was accordingly refused by Supreme Court. Sh. Altaf Ilahi, Additional Advocate-General Punjab instructed by Rao Muhammad Yusuf Khan, Advocate-on-Record for the State. Nemo for Respondent. Date of hearing: 12th March, 1998. ORDER KHALIL-UR-REHMAN KHAN, J.---Petitioner/State seeks leave to appeal against the judgment dated 20-12-1994 of the Federal Shariat Court whereby conviction and sentences awarded to Basharat respondent under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order, 1979 vide judgment dated 14-9-1994 by the trial Court were set aside and the respondent was acquitted. ' 2. The acquittal was recorded after recording the conclusion that the testimony of prosecution witnesses is not confidence inspiring, these witnesses are neither coherent nor their version plausible; and that the evidence suffers from material infirmities. It was further observed as under:-- "It transpires from the statement of appellant/accused that a quarrel had taken place between Masood Khan, A.S.I., Police Station, Sadar, Okara and himself on 15-2-1992 which had ultimately led to scuffle between them and the said Masood Khan, A.S. I. had tried to fire at him with his pistol but that was snatched by the appellant from him. He has given reason of the said quarrel and has stated that it was due…

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