ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Acquittal Appeal No.S-17 of 2022

Date	Order with signature of Judge

Appellant: Shahdad Khan Sahito through

Mr. Abdul Rahim Jamro,

Advocate

Date of hearing: 07.02.2022

Dated of order: 07.02.2022

O R D E R

Zulfiqar Ali Sangi, J: This Criminal Acquittal Appeal has been filed by the Appellant against the judgment dated 24.12.2021, passed by learned Civil Judge & Judicial Magistrate, Sobhodero @ Ranipur, whereby Respondents have been acquitted of the charges, hence this appeal.

2. As per story narrated in FIR that when Complainant awoke for offering prayer, he alongwith witnesses saw that middle room of complainant’s home was broken and while taking foot prints, the same were ended to Village of Respondents, who on demand, refuted to return the articles stolen from Complainant’s home.

3. Learned counsel for the Appellant/Complainant, at the very outset submits that the impugned judgment passed by learned trial Court is illegal, unlawful and void as evidence recorded has not been considered on the ground that there are major contradictions in the evidences of prosecution witnesses; however some minor contradictions, which can be avoided; that impugned judgment is based on presumption and assumption so also on surmises and conjectures; that learned trial Court did not apply its judicial mind while passing the impugned judgment. In the last, he submits that impugned judgment passed by learned trial Court may be set-aside and respondents may be convicted.

4. Heard arguments. Record perused.

5. Perusal of record shows that appellant has miserably failed to establish extra ordinary reasons and circumstances, whereby the acquittal judgment recorded by the trial court may be interfered with by this court. Order of acquittal can only be interfered with, if it is found on its face to be capricious, perverse, arbitrary in nature or based on misreading, non-appraisal of evidence or is artificial. Suffice is to say that an order/judgment of acquittal gives rise to strong presumption of innocence rather double presumption of innocence is attached to such an order. While examining the facts in the order of acquittal, substantial weight should be given to the findings of the lower Courts, whereby accused were exonerated from the commission of crime as it is settled that whenever there is doubt about guilt of accused, its benefit must go to him and Court would never come to the rescue of prosecution to fill-up the lacuna appearing in evidence of prosecution case.

6. There is hardly any improbability or infirmity in the impugned judgment of acquittal recorded by the learned trial court, which being based on sound and cogent reasons do not warrant any interference by this Court and is accordingly maintained. Resultantly, instant Cr. Acquittal Appeal, being devoid of any merit, is hereby dismissed in limine.

Faisal Mumtaz/PS JUDGE