IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Criminal Acquittal Appeal No. S-127 of 2021
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Appellant |
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Mst. Shaheen Akhtar Pathan, |
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Through Mr. Arif Ali Kalhoro, advocate |
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respondents |
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Syed Tahir Shah and others |
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Through Mr. Naseeer Ahmed Wagan, advocate |
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The State |
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Mr. Muhammad Noonari, D.P.G.
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Date of hearing |
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16-04-2025 |
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Date of judgment |
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16-04-2025 |
J U D G M E N T
AMJAD ALI SAHITO, J-. Being aggrieved and dissatisfied with the Judgment dated 15.11.2021, passed by the learned 3rd Civil Judge and Judicial Magistrate, Larkana, in Criminal Case No. 112/2021, arising out of the FIR No.39/2021, registered under sections 506/2, 447, 148 P.P.C at Police Station Market, Larkana. After full dressed trial, the Respondents were acquitted of the charge. The appellant/complainant files this acquittal appeal with a prayer to convict the respondents/accused following the law.
2. Per learned counsel, infact the trial court has concluded the case on the ground that complainant failed to produce the eye witness of the incident, otherwise material evidence connects the accused persons with the commission of offence.
3. On the other hand, learned counsel for the respondents as well as learned D.P.G. have supported the impugned judgment.
4. Heard, perused the record.
5. From perusal of record it reflects that the respondents allegedly entered into the house of the complainant and illegally occupied her house. During cross-examination, the complainant admitted that she did not show her ownership documents of house to the investigation officer. I.O did not give notice for production of such documents. Since there is allegation against the respondents that they have occupied her house but no evidence has been produced by the complainant during recording her evidence to believe ownership.
6. In view of above, it appears that no any illegality or irregularity has been pointed out by the learned counsel for the appellant. Resultantly instant criminal acquittal appeal is dismissed.
JUDGE
Abdul Salam/P.A