ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Acquittal Appeal No.S-162 of 2022

(Zainul Abideen Domki Vs. Fayaz Ali Baloch and another)

 

Date

               Order with signature of Judge

           

                          

                           1. For Orders on MA No. 5502/2022.

                           2. For Orders on MA No. 5503/2022.

                           3. For hearing of main case.

01-03-2023.

            Mr. Abdul Salam Abbasi, advocate for appellant.

                                    12-09-2014

                                     .-.-.-. -.-.-.-.-.-.-.-.-

 

            It is alleged by the appellant that the private respondent by displaying false information on his face-book page, besides blackmailing has caused damage to his reputation intentionally for that he was booked and reported upon. On conclusion of trial, he was acquitted by learned Incharge Ist Civil Judge & Judicial Magistrate Sukkur, vide judgment dated 26-10-2022, which is impugned by the appellant before this Court by preferring the instant Crl. Acquittal Appeal.

            It is contended by learned counsel for the appellant that learned trial Court has recorded acquittal of the private respondent without appreciating the evidence brought on record; therefore his acquittal is liable to be set aside by this Court.

            Heard arguments and perused the record.

            The action is delayed considerably; the parties being related insterse are disputed over matrimonial affairs, it was also stated by the I/O that on investigation no abusive/derogatory post was found to have been uploaded by the private respondent. In these circumstances, learned trial Magistrate was right to record acquittal of the private respondent by extending him benefit of doubt, such acquittal is not found to be arbitrary or cursory to be interfered with by this Court.  

            In case of State and others vs. Abdul Khaliq and others (PLD 2011 SC-554), it has been held by the Hon’ble Apex Court that;

“The scope of interference in appeal against acquittal is most narrow and limited, because in an acquittal the presumption  of innocence is significantly added to the cardinal rule of criminal jurisprudence, that an accused shall be presumed to be innocent until proved guilty; in other words, the presumption of innocence is doubled. The courts shall be very slow in interfering with such an acquittal judgment, unless it is shown to be perverse, passed in gross violation of law, suffering from the errors of grave misreading or non-reading of the evidence; such judgments should not be lightly interfered and heavy burden lies on the prosecution to rebut the presumption of innocence which the accused has earned and attained on account of his acquittal. Interference in a judgment of acquittal is rare and the prosecution must show that there are glaring errors of law and fact committed by the Court in arriving at the decision, which would result into grave miscarriage of justice; the acquittal judgment is perfunctory or wholly artificial or a shocking conclusion has been drawn. Judgment of acquittal should not be interjected until the findings are perverse, arbitrary, foolish, artificial, speculative and ridiculous. The Court of appeal should not interfere simply for the reason that on the reappraisal of the evidence a different conclusion could possibly be arrived at, the factual conclusions should not be upset, except when palpably perverse, suffering from serious and material factual infirmities”.

            In view of the facts and reasons discussed above, the instant Crl. Acquittal Appeal fails and it is dismissed in limini together with listed applications.  

 

 

             JUDGE

 

Nasim /PA