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ALLAH WADHAYO versus QURBAN ALI

ections Sections 380 and 457 - Criminal Procedure Code (V9 1898), Sections 367 and 417 (2A) - Residence, theft concealer, plea - Definition of evidence acqu Appeal against acquittal - Complainant Appellant give support The foundations were raised. Appeal Against Breath: First, this adjudication decision did not include points for determination, which was a violation of section 676767, CRPC, and second, that the first appellate court heard the appeal and only Within five days the verdict - Authenticity - Section 367, CR PC, and the sixth part of the code referred to in the trial proceedings before the trial court only. Matters relating to the Appellate and Review Courts were provided in Part VII of the Code of Conduct 1898 and it was stated that in no part of the Code was the appellate court required to record the points of determination in its judgment - no prejudice complaint. The initial hearing of the appellant / the appellant will be due to the appellant - the affected verdict was not misleading, arbitrary, favorable or speculative inno acted in double jeopardy on behalf of the accused due to his conduct. Appeal against acquittal was dismissed under circumstances [p 606] A, B & C

PLD 2017 Sindh 604

Before Omar Sial, J

ALLAH WADHAYO—Appellant

versus

QURBAN ALI and 3 others—Respondents

Criminal Acquittal Appeal No.S-32 of 2008, decided on 26th April 2017.

Penal Code (XLV of I860)—

—Ss. 380 & 457—Criminal Procedure Code (V of 1898), Ss. 367 & 417(2-A)—Theft in dwelling house, lurking house, trespass— Appreciation of evidence—Appeal against acquittal—Complainant-appellant had raised two grounds in support of appeal against acquittal: firstly, that impugned judgment did not contain the points for determination, which was in breach of S.367, Cr.P.C, and secondly, that the first appellate court heard the appeal and passed judgment in only five days—Validity—Section 367, Cr.P.C, and Part VI of the said Code pertained only to 'Proceedings in Prosecutions' before a Trial Court; matters pertaining to the appellate and revisional courts were provided in Part VII of the Code of Criminal Procedure, 1898 and said Part of the Code did not contain any provision making it obligatory upon an appellate court to record points of determination in its judgment—No prejudice would be caused to the complainant/'appellant due to early hearing of the appeal—Impugned judgment was not perverse, arbitrary, capricious or speculative—Double presumption of innocence worked in favour of accused due to his acquittal—Appeal against acquittal was dismissed in circumstances.[p. 606] A, B & C

Hassan and others v. The State PLD 2013 SC 793 rel.

Bakhshan Khan Mahar for Appellant.

Shabbir Ali Bozdar for Respondents.

Abdul Rehman Kolachi, A.P.G. for the State

Date of hearing: 18th April, 2017.

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