MST. AZIZ FATIMA THROUGH ADVOCATE-GENERAL Versus THE STATE

1. This acquittal appeal under section 417, Cr.P.C. is directed against the judgment passed by learned IIIrd Additional Sessions Judge, Karachi, Central, dated 3-9-1992 acquitting both the respondents of a charge under sections 302, 34, P.P.C. arising out of F.I.R. No.108/90 registered at Police Station Jauharabad.

2. From the body of the memo. of appeal it transpires that this appeal was filed by Mr. Abdul Hakeem Bijrani, Assistant Advocate-General, Sindh, on behalf of Advocate-General. Their Lordships of the Supreme Court in the judgment reported in 1994, SCMR 749, have clearly led down that an Assistant Advocate-General is not a Public Prosecutor within the meaning of section 492, Cr.P.C. and any acquittal appeal filed by him on behalf of State is incompetent.

3. Mr. M. Sarwar Khan requests for short time to point out the irregularities or defects in the impugned judgment but we are of the view that any appeal which is inherently incompetent and misconceived no relief can be granted to the appellants. We have already taken this view in a number of acquittal appeals, therefore, this appeal stands dismissed as being no maintainable, incompetent and misconceived

4. N.H.Q./A-1562/K Appeal dismissed