MUHAMMAD NAEEM KHAN vs MUHAMMAD YOUSUF Ss — 2022 PCrLJN 103 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD NAEEM KHAN VS MUHAMMAD YOUSUF Ss. 452, 506, 337-a, 337-F & 337-L---Criminal Procedure Code (V of 1898), S. 417---House-trespass after preparation for hurt, assault or wrongful restraint, shajjah, ghayr-jaifah, criminal intimidation---appreciation of evidence---appeal against acquittal---Benefit of doubt---Non-association of independent witnesses---Effect---appellant assailed judgment passed by Magistrate in an FIR registered under Ss. 452, 506(2), 337-a(i), 337-a(iv), 337-F(i) & 337-L(2), P.P.C., whereby the accused was acquitted of the charge---Incident was shown to have taken place in a thickly populated area but no independent person was cited as a witness---Parties were already tagged in litigation due to their dispute over the share in the immovable property and such suits were pending adjudication before the civil court---Wife of the accused had also moved an application before the Ex-Officio Justice of Peace and had also filed direct complaint against the complainant and others regarding the same incident---Incident seemed to be the outcome of free fight between the parties, but police had painted only one side picture and had not lodged the report of the accused party, which adversely reflected upon the conduct of Investigating Officer, who was obliged to have ascertained as to who was the aggressor and as to who was aggressed upon---No incriminating article whatsoever was recovered from the accused---Prosecution had failed to prove its case against the accused beyond a reasonable doubt---appeal against acquittal was dismissed, in circumstances.

MUHAMMAD NAEEM KHAN vs MUHAMMAD YOUSUF Ss — 2022 PCrLJN 103 KARACHI-HIGH-COURT-SINDH

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