390/2017 Criminal Appeal REHMATULLAH REHAN S/O LATE ABDUL REHMAN (Appellant) V/S MUHAMMAD ZIAUDDIN & ANOTHER (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar(Author)
Order Date: 26-MAR-19
(a) Penal Code (XLV of 1860)--- ----Ss. 500 & 501---Criminal Procedure Code (V of 1898), Ss.200 & 201---Appreciation of evidence---Benefit of doubt---Defamation---Private complaint---Accused-appellant was convicted and sentenced to fine on the basis of moving false complaints and publishing pamphlets with defamatory words against the respondents---Complainant produced two witnesses including his brother in support of his claim---Record showed that Trial Court, after recording statement of accused under S. 342, Cr.P.C. and hearing final arguments, without assigning any reason, instead announcing order on merit, restarted the trial and issued process for evidence to the Additional Collector as court witness---Trial Court, after recording statement of court witness, recorded statement of accused under Ss.342 & 340(2), Cr.P.C. second time---Accused, after second statement under S.342, Cr.P.C. had examined himself on oath and had produced documents showing character of the complainant---Record showed that Trial Court failed to appreciate that even complainant's own brother had not supported him---Trial Court misinterpreted the evidence with reference to the burden of proof in criminal cases---Record did not show that the complainant had by way of rejoinder affidavit denied the contents of counter affidavit of officials containing the allegation of blackmailing and harassment by the complainant and, therefore, it ought to have been accepted as admitted document about a truth---Trial court failed to appreciate that the complainant was not aggrieved by derogatory remarks on oath against him---If such remarks did not cause any defamation to the complainant then how a letter written to any government functionary, which had not been conveyed to the complainant, would have caused any injury to the complainant---Trial Court clearly favoured the complainant when he convicted the accused and sentenced him to pay fine of Rs. 100,000/- as punishment and further ordered that fine be paid to the complainant---Trial Court had no authority to handover the amount of fine to the complainant---Amount of fine imposed as punishment had to be deposited by court through its ministerial office in the government treasury---Circumstances established that complainant failed to prove his claim---Appeal was allowed and accused was acquitted by setting aside the conviction and sentence recorded by the Trial Court. (b) Criminal trial--- ----Burden of proof---Scope---Burden is never shifted on accused unless the prosecution evidence is found to have proved the commission of offence beyond a reasonable doubt.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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