Cr.Acq.A.No.S-03 of 2012

For Katcha Peshi

02.05.2016

Mr. Zulfiqar Ali Jatoi, Deputy Prosecutor General.

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Appellant and his counsel called absent, no intimation received. Today, Mr. Iftikhar Ali Arain advocate has filed vakalatnama on behalf of respondent and submits that instant acquittal appeal is not maintainable as no ground for setting aside the impugned judgment has been mentioned in the instant acquittal appeal which has been filed just to cause harassment to the respondent, who has been acquitted from alleged crime as neither there was any evidence or material against the respondent to connect him with the alleged offence nor the medical evidence has supported the allegation. Learned counsel for the respondent further submits that impugned judgment is based on proper appreciation of evidence, whereas, no illegality has been committed by the learned trial Court while acquitting the respondent.

Learned DPG has also frankly conceded that prima facie, there seems no error or illegality in the instant matter, whereas, the respondent has been acquitted from the alleged crime.

Instant acquittal appeal was filed on 07.01.2012, which has not so far been admitted for regular hearing, whereas, record shows that the appellant and his counsel have not remained vigilant to proceed with the instant acquittal appeal. Learned counsel for the respondent and the learned DPG have categorically stated that there is no illegality or error committed by the learned trial Court while acquitting the respondent as no material whatsoever has been produced by the prosecution to connect the respondent with the alleged crime, who has not been extended benefit of doubt but has been acquitted by the learned trial Court. it may be observed that the presumption of innocence increases once an accused is acquitted by the trial Court on merits. Accordingly, this Court is left with no option but to dismiss instant acquittal appeal, which is accordingly dismissed.

JUDGE

N.M.