ABDUL KHALIQ vs SHER ALI Ss — 2021 YLR 1619 QUETTA-HIGH-COURT-BALOCHISTAN

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ABDUL KHALIQ VS SHER ALI Ss. 337-a(i), 337-F(i), 337-L(2), 427, 147, 148 & 149---Shajjah-i-khafifah, ghayr-jaifah-mudihah, causing hurt, mischief causing damage to the amount of fifty rupees, rioting, rioting armed with deadly weapons, unlawful assembly---appeal against acquittal---appreciation of evidence---Benefit of doubt---Prosecution case was that the accused and unknown co-accused while armed with deadly weapon assaulted on complainant party, due to which, the companion of complainant sustained injuries---Record transpired that injured witness stated in his statement before the Trial Court that his both hands were fractured due to beating but on the other hand medical certificate produced by Medical Officer was silent to that effect---Complainant stated in his report that he received deep injuries due to beating but on the other hand Medical Officer admitted during cross examination that she did not find any injury on the body of complainant---Victim/injured had not challenged the acquittal of accused persons as the appeal had been filed by the complainant, who had not received any injury in the incident as provided under S.417(2-a), Cr.P.C.---Report of the complainant revealed that victim had received injuries, which showed that the victim was not minor rather he was having sense and was alive---Complainant, who was not an injured, could not file the appeal---Injured alone was competent to file appeal being an aggrieved person---Injured person being the aggrieved was neither insane nor minor, did not come forward to challenge the judgment impugned---appeal filed by the complainant was incompetent, in circumstances---Trial Court had considered all the material present on record properly and arrived to the conclusion which was based on proper appreciation of the facts and law, thus did not need interference by High Court---appeal against acquittal was dismissed in limine.

ABDUL KHALIQ vs SHER ALI Ss — 2021 YLR 1619 QUETTA-HIGH-COURT-BALOCHISTAN

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