Hafiz MUHAMMAD QASIM Versus MUHAMMAD ASHIQ

ORDER

Through this application leave to appeal has been sought against the order dated 8-4-1987 passed by Magistrate 1st Class, Kasur, acquitting the respondents who were accused in a private complaint filed by the petitioner under sections 452, 506/34, P.P.C.

2. Harz Muhammad Qasim, petitioner herein, filed a complaint in the Court of Ilaqa Magistrate on 9-4-1980 against the respondents under sections 452 and 506 read with 34, P.P.C. alleging that Sher Muhammad (respondent) had abducted Mst. Shamim Akhtar wife of his nephew some two years ago. The petitioner pursued the case against Sher Muhammad and made efforts for the recovery of the abductee and arrest of said Sher Muhammad. All the respondents who are close relations got annoyed over it and therefore, on 13-9-1985 at Isha prayers time they all trespassed into his house duly armed. Muhammad Ashiq respondent) said to him that he should give up pursuing the abduction case otherwise he shall be done to death. He said this by aiming his pistol at the petitioner. The petitioner did not yield whereupon Muhammad Ashiq, Muhammad Yar and Muhammad Sabir (respondents) started beating him with fists and kicks. He raised alarm and Qasim Ali, Eshan Elahi and Allah Ditta P.Ws. were attracted to the scene who intervened and rescued the petitioner. Then all the four respondents held out threats to kill him and disappeared in a car. The respondents were summoned to face the trial. Sher Muhammad could not be served and was, therefore, declared proclaimed offender while the rest were tried.

3. At the trial only two witnesses, namely, complainant/petitioner Harz Muhammad Qasim (P.W.1) and Qasim Ali (P.W.2) appeared in support of the allegations. The accused/respondents when examined under section 342, Cr.P.C. denied the allegations. They also produced Muhammad Yar (D.W.1) and Harz Ahmad Yar (D.W.2) in their defence who stated that the respondents were gentlemen. Muhammad Ashiq (respondent) and Sher Muhammad (absconder) were named as accused in the abduction case. The police discharged Muhammad Ashiq being innocent while Sher Muhammad could not be traced. They also stated that the petitioner had brought the instant case due to enmity. Learned trial Court observing certain discrepancies in the evidence of prosecution witnesses acquitted the respondents hence this petition.

4. I have heard learned counsel for the petitioner at some length and also perused the record with care. The occurrence took place on 13-9-1985 whereas the complaint was filed on 9-4-1986 i.e., with delay of about 7 months without any explanation whatsoever. The complainant petitioner alleged that he was beaten up by three persons but no medical evidence was produced to prove the factum of beating. The allegations were not therefore, fully established. In these circumstances, I am of the view that the order of acquittal is perfectly justified and it is not a fit case for grant of leave to appeal. The petition is consequently dismissed in limine.

S.G.D./M-602/L

Petition dismissed.