Mst. SUNILA MUSHTAQ vs BABAR HUSSAIN Ss — 2023 PCrLJ 1787 KARACHI-HIGH-COURT-SINDH

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Mst. SUNILA MUSHTAQ VS BABAR HUSSAIN Ss. 506(2) & 509---Domestic Violence (Prevention and Protection) Act (XX of 2013), Ss. 5(f), 5(j) & 5(k)---Criminal intimidation, harassment at work place---Appreciation of evidence---Appeal against acquittal---Prosecution case was that the accused-respondents, close relative of complainant, misbehaved with her and used filthy language and extended threats of dire consequences to her and tried to turn out her from the house along with her children and they were continuously harassing, pressurizing and torturing her by physical violence through different means---Record showed that neither date, time and place of any specific incident was shown by the complainant in her complaint nor had she mentioned name of any person to be the witness of the threats allegedly issued by the accused persons to her---Even date of alleged dispossession of the complainant from the house in question was not shown in the direct complaint---Complainant had stated that her sister-in-law entered in her house along with her articles to which complainant asked her that how she entered in the house without permission---Said sister-in-law of complainant became angry and used filthy language against the complainant and her husband and brother-in-law and sister-in-law---Said sister-in-law of complainant also misbehaved with her---Complainant deposed that accused issued threats to her that she would kill her, however, other witness did not depose a single word regarding issuing of threats of killing to complainant by accused---Said witness deposed that she and her husband were living with complainant jointly and they were evicted from the house---Complainant deposed that witness and her husband were not living with her in the house---Although complainant claimed to have been caused physical violence to her by the accused persons by maltreating her, but she had neither produced any evidence to show that she had received any injury nor did she produced any medical certificate---Said material discrepancies and infirmities in the prosecution case rendered the same doubtful---Circumstances showed that the matter was purely of civil nature but the complainant by filing direct complaint had attempted to convert the civil dispute into a criminal case---Absolutely, there was no evidence worth consideration to establish any accusations against the accused persons---Appeal against acquittal was dismissed, in circumstances.

Mst. SUNILA MUSHTAQ vs BABAR HUSSAIN Ss — 2023 PCrLJ 1787 KARACHI-HIGH-COURT-SINDH

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