State Versus ABDUL KHALIQ

ORDER

MALIK HAQ NAWAZ, J.--- The instant appeal has been filed against the judgment/order of learned Judicial Magistrate Astore, whereby he acquitted the respondents from the charges leveled against them in FIR No. 09/2008 of Police Station Astore.

2. The learned Dy. Advocate General took me through the statements of 8 PWs in support of his contention that the learned trial Court failed to appreciate the evidence in its true prospectives which caused miscarriage of justice and the impugned judgment be set aside in the interest of justice.

3. On the other hand Mr. Johar Ali, Advocate learned counsel for respondents controverted the arguments of learned Dy. Advocate General and stated at bar that no specific role has been attributed to the respondents and they have been acquitted from the charges leveled against them by the trial Court after due application of judicial mind. The learned counsel for respondent further contended that there are different parameters to upset an appeal of acquittal as presumption of innocence is always attached with an accused which is multiplied after earning an acquittal from a Court of competent jurisdiction.

4. I have heard the parties at length and on my repeated quarries to the learned Dy. Advocate General regarding specific role of any respondent from the prosecution evidence, the learned Dy. Advocate General could not satisfy the Court and stated that general allegations are attributed to the respondents, so I see no infirmity or any material irregularity in the impugned judgment. Therefore, the Cr. Appeal No.60/2016 filed by the appellant/state is dismissed.

WA/20/GB Appeal dismissed.