70/2010 Cr.Acq.A. Jarar (Appellant) V/S The State (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Iqbal Mahar, Hon'ble Mr. Justice Irshad Ali Shah(Author)
Order Date: 30-OCT-19
Appellant / complainant filed acquittal appeal against the judgment where trial Court acquitted the accused offence for which they were charged. Alleging therein that the private respondents after having formed an unlawful assembly have committed murder of his father Nazar Ali by causing him fire shot injury. Being dissatisfied with the investigation conducted by the police, the appellant / complainant filed a direct complaint .It was brought on record after preliminary enquiry by learned Sessions Judge. Acquittal of any 3person, if is recorded on direct complaint as per sub-section (2) to section 417 Cr.P.C, is only to be challenged after grant of special leave to appeal. No special leave to appeal is sought for by the appellant / complainant to bring the instant acquittal appeal before this Court. even then the appellant / complainant is hardly having a case on merit, for the reasons that the direct complaint has been filed on 20.10.2004 with delay of about one month to the incident. Such delay having not been explained plausibly could not be overlooked. The witnesses have been examined by the complainant in preliminary enquiry .delay of about 12 days to filing of the direct complaint by the appellant / complainant. Such delay in recording statements of the witnesses in preliminary enquiry having not been explained plausibly by the appellant . Complainant admittedly is not an eye witness of the incident. t Acquittal Appeal is dismissed.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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