JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Acquittal Appeal.No.S-106 of 2022.

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DATE                        ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01. For orders on office objection “A”.

02. For orders on M.A.No.4794/2022.

03. For hearing of main case.

24.03.2023

                        Mr. Riaz Hussain Khoso, Advocate for the appellant.

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IRSHAD ALI SHAH, J.- Facts in brief necessary for disposal of instant criminal acquittal appeal are that the private respondents in furtherance of their common intention not only insulted, maltreated and threatened the appellant to be killed, for that they were booked and reported upon and after due trial were acquitted by learned 1^st Judicial Magistrate/MTMC, Jacobabad, vide judgment dated 27.09.2022, which is impugned by the appellant before this Court by preferring the instant criminal acquittal appeal.

            It is contended by learned counsel for the appellant that learned trial Magistrate has recorded acquittal of the private respondents on the basis of misappraisal of the evidence, therefore, their acquittal is to be examined by this Court. 

            Heard arguments and perused the record.

            The FIR of the incident has been lodged with delay of about one day; such delay having not been explained plausibly could not be overlooked; the parties being closely related are disputed with each other on civil as well as criminal side. PW Nizakat has not been examined by the prosecution. In these circumstances, learned trial Court has rightly recorded acquittal of the private respondents which is not found 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 observed 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 criminal acquittal fails and it is dismissed in limine together with listed application. JUDGE