MUHAMMAD HUSSAIN vs THE STATE and 2 others

ORDER

' ABDUS SATTAR ASGHAR, J'.---This appeal under section 417, Cr.P.C. Is lodged against the judgment dated 14-10-2009 passed by learned Special Judge Anti-Corruption Bahawalpur whereby Zubair Akbar Gill Ex-Water Management Specialist Tehsil Yazman and Sikandar Saeed Supervisor Water Management Tehsil Yazman (respondents Nos.2 and 3)/accused in case F.I.R. No,50 of 2000, Police Station Anti-Corruption Establishment District Bahawalpur were acquitted of the charges under sections 467/468/471/409, P.P.C. Read with section 5(2), Prevention of Corruption Act 1947.

2. I have given patient hearing to learned counsel for the appellant and gone through the record.

3. Perusal .Of the record revels that the above-noted F.I.R. Was lodged by Extra Assistant Commissioner Tehsil Yazman with allegation of misappropriation of construction material of the watercourse against the respondents.

4. Instant appeal under section 417, Cr.P.C. Against the acquittal of the accused is lodged by Muhammad Hustain one of the prosecution witnesses in his private capacity.

5'. At the outset subsections (1) and (2-A) of section 417, Cr.P.C. Are reproduced hereunder for ready reference:- "Appeal in case of acquittal.---(I) Subject to provision of subsection (4), the Provincial Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court.

' Court other than a High Court, may, within thirty days, file an appeal against such order."

6. Bare reading of subsection (1) of section 417, Cr.P.C. Transpires that it does not furnish any right to a private person to lodge an appeal against an order of acquittal passed by any court other than the High Court. Simultaneously, the present appellant does not fall in the ambit of expression "aggrieved person" used in section 417(2-A), Cr.P.C.

7. Besides, it is pertinent to mention that Prevention of Corruption Act 1947 is a Special Law which is silent regarding right of appeal it is settled principle of law that right of appeal is a statutory right which cannot be inferred by implication on the basis of General Law. Cetainly right of appeal cannot be assumed unless given by the statute. Reliance is made upon Syed Masroor Shah and others v. The State (PLD 2005 SC 173) and Mian Khalid Rauf v. Ch.Muhammad. Saleem and others (PLD 2006 Lahore 147).

8. At this juncture it will not be irrelevant to mention that appointments of Special Judges are made under section 3 of the Pakistan Criminal Law Amendment Act 1958 to take cognizance of the offences punishable under the Prevention of Corruption Act, 1947 and the other penal offences enlisted in the schedule of the Act ibid. Simultaneously, section 10(2) of the Pakistan Criminal Law Amendment Act 1958 regulate filing of appeal against the order of Special Court/Judge, which reads below:-- "10. Appeal, revision and transfer of cases.

(2) Notwithstanding the provisions of section 417 of the Code of Criminal Procedure, 1898, in any case tried by a Special Judge appointed by Central Government under section 3, in which such Special Judge has passed an order of acquittal, the Central Government may direct the Public Prosecutor to present appeal to such Court as aforesaid."

9. In the light of above quoted provisions of section 10(2) of Pakistan Criminal Law Amendment Act 1958 read with subsections (1) and (2-A) of section 417, Cr.P.C. Instant appeal filed by a private person to assail the judgment of acquittal passed by learned Special Anti-Corruption is not maintainable and thus dismissed iii limine.