ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

Cr.Acq.Appeal.No.S-  247  of 2010

DATE                                     ORDER WITH SIGNATURE OF JUDGE

            For Katcha Peshi.

29.11.2010

Mr. Muhammad Afzal Arain, Advocate for appellant.

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Through this Criminal Acquittal Appeal, appellant has impugned the judgment dated 15.6.2010 passed by Additional Sessions Judge, Tando Adam in Sessions Case No.93 of 2008 whereby he acquitted the Respondents by extending them benefit of doubt

It is inter alia contended that impugned judgment lacks the reasons and same is result of misreading and non-reading of evidence. It is urged with vehemence that prosecution has proved its case beyond shadow of doubt but the trial Court did not take into consideration the material available on record in its true perspective.

Heard learned counsel for the appellant.

Upon perusal of impugned judgment, I do not find any illegality or infirmity. Even this is a case of ineffective firing where none amongst the PWs has received any scratch what to say about the injury. Bare perusal of deposition of SIO reveals that car of the complainant which was allegedly damaged by Respondents by firing was lying at the otaq of complainant though it is the case of complainant that radiator of the vehicle was also damaged as a result of firing. Now it is a well settled law that after acquittal, presumption of double innocence is attached with the acquittal order and same cannot be interfered unless the conclusion arrived at by the trial Court is arbitrary, capricious or fanciful or the same is result of misreading or non-reading of evidence.

In view of above, I do not find any justification which warrant interference in the impugned judgment. Consequently, this Criminal Acquittal Appeal being devoid of merits is dismissed in limine. 

JUDGE

Tufail