Cr.Acq.A. 230/2021 (S.B.) Sindh High Court, Karachi

Sindh High Court · 2022 · Before Omar Sial

Ghulam Qadir, the appellant, was nominated as an accused in F.I.R. No. 51 of 2016 registered under section 23(1)(a) of the Sindh Arms Act, 2013. He was tried by the learned 1st Additional Sessions Judge, Thatta and acquitted on 26.01.2021.

2. The only ground stressed by the learned Additional Prosecutor General in support of this appeal is the observation made by the learned Trial Court in paragraph 12 of the Judgment. She, however, agreed that the Judgment was not based only on the observation made in the said paragraph. In paragraph 13, the Court has given other reasons in support of its judgment, and the learned A.A.G. was unable to indicate any non-reading or mis- reading in it. In fact, I have gone through the observations made in the paragraph and do not find anything wrong, incorrect, or 2 unlawful in it. The fact that the applicant was also acquitted in the main case against him and that neither the State nor the complainant of that case filed an appeal also tilts the balance in favour of the applicant.

3. The learned A.A.G. has not pointed out any perversity or jurisdictional issue. Needless to say, a double presumption of innocence also works in the respondent’s favour.

4. Given the above, the acquittal appeal is dismissed in limine. JUDGE

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