Mst. BARKAT BIBI vs MANZOOR HUSSAIN And Other
This petition for leave to appeal was filed by the petitioner, Mst. Barkat Bibi, against the judgment and order of a Division Bench of the Lahore High Court, Rawalpindi Bench, whereby the State's criminal appeal challenging the acquittal of the accused/respondents was dismissed. The primary contention raised was that the High Court dismissed the acquittal appeal without properly evaluating the prosecution evidence, addressing the merits, or applying judicial mind, relying instead on conjectures, surmises, and general observations regarding routine appeals against acquittal orders. It was additionally argued that the trial court had misread the evidence and acquitted the accused on flimsy grounds. The Supreme Court of Pakistan examined the impugned High Court order, which had summarily dismissed the appeal on the premise that laid-down principles regarding acquittal challenges were disregarded. Finding that the questions raised regarding the proper evaluation of evidence and principles governing appeals against acquittal warranted deeper consideration, the Supreme Court granted leave to appeal and issued bailable warrants against the accused/respondents.
- Whether the High Court can dismiss a criminal appeal against acquittal without properly evaluating the prosecution evidence or addressing the merits of the case?
- Whether general observations regarding the routine filing of acquittal appeals justify the dismissal of an appeal without judicial application of mind to the facts?
- Whether leave to appeal should be granted where the trial court and appellate court allegedly misread prosecution evidence on flimsy grounds?
ORDER
MIAN BURHANUDDIN KHAN, J.--By this petition Mst. Barkat Bibi seeks leave to appeal against the judgment and order of a learned Division Bench of the Lahore High Court, Rawalpindi Bench, dated 26-1-1982 passed in Criminal Appeal No.76 of 1982. This criminal appeal against the acquittal of the accused /respondent was dismissed, vide the impugned judgment. Leave is sought on the grounds that the learned High Court Judges did not evaluate the prosecution evidence and dismissed the State appeal merely on the basis of conjectures and surmises without touching the merits of the prosecution case; that the learned Judges did not apply their minds to the circumstances of the case and dismissed the State appeal merely with the observation that the State has almost made a routine to challenge every order/judgment of acquittal. It was further contended that the trial Court had also misread the prosecution evidence and acquitted the accused /respondents merely upon flimsy ground.
2. We have seen the impugned order which is to the effect that the High Court as well as the Supreme Court have laid down certain principles which have to be taken into consideration while challenging the order of acquittal. These principles are not being followed. With this observation Criminal Appeal No.76 of 1982 was dismissed.
3. Learned counsel for the petitioner Mr. A . K . Brohi, Senior Advocate referred to PLD 1953 FC 133; PLD 1967 SC 498 and PL D1964 SC 398. We are of the opinion that the question involved needs consideration. We grant leave. Bailable warrants shall issue against the accused /respondents in the sum of rupees twenty-five thousand with two sureties in the like amount each to the satisfaction of the District Magistrate, Rawalpindi.