ZAHID SAEED KHAN vs ADNAN Ss — 2023 MLD 813 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 813 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: ZAHID SAEED KHAN vs ADNAN Ss
Subject matter: Criminal
Provisions referred to: S. 249-A---T; S. 249-A; Criminal Procedure Code (V of 1898)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ZAHID SAEED KHAN VS ADNAN Ss. 457, 380 & 34---Criminal Procedure Code (V of 1898),S. 249-A---Theft in dwelling house, lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment, common intention---Appreciation of evidence---Appeal against acquittal---Power of Magistrate to acquit accused at any stage of trial---Accused were charged under Ss. 457, 380 & 34, P.P.C.---Record showed that no incriminating article, whatsoever was recovered from the accused persons---Complainant in his cross-examination had made many admissions adverse to the prosecution case---No evidence worth consideration was available with the prosecution to establish accusation against the accused persons, thus, there was no probability of accused being convicted for any offence---Even the examination of the remaining witnesses would not improve the prosecution case, rather it would not only be an exercise of futility but the abuse of the process of the court to continue proceedings of the present case before the Trial Court---Circumstances established that the Trial Court by acquitting the accused by invoking the provisions of S. 249-A, Cr.P.C had not committed any illegality---Appeal against acquittal was dismissed accordingly.

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