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Criminal Revision No. 1127 of 1969, decided on 8th February, 1982.

‑‑ S. 417/435/439 and Penal Code (XLV of 1860), S. 148/302/149/ 307‑Revision against acquittal‑Trial Court applying its mind to legal and factual aspects of matter appreciating evidence according to rules laid down by superior Courts and giving sound reasons in support of its conclusion‑‑Once accused acquitted strong reasons and exceptional grounds, held, would be needed for retrial‑Occurrence taking place in 1968 and accused acquitted in 1969‑No useful pur pose can be served in ordering retrial of one of acquitted accused especially when parties have compromised and complainant not likely to support prosecution case in changed circumstances.

Athar Rehman Khan and Malik Altaf Hussain Khakhar for Petitioner.

M. R. Khalid for the State.

Date of hearing : 8th February, 1982.

This is a revision against acquittal filed by Baboo Khan petitioner against Mowasi Khan and 17 other respondents. The respondents Nos. 2 to 19 were tried by a learned Additional Sessions Judge, I, Sahiwal who vide his order dated 10th June, 1969, acquitted them of the charge under section 148/149,1307/149, P. P. C. Baboo Khan petitioner filed this revision and this Court vide its order dated 12th May, 1970, issued notice only to Juma Khan, respondent No. 14.

2. Baboo Khan petitioner has appeared alongwith his learned counsel Mr. Akhtar Rehman Khan, and stated that the parties have compromised and as such he was not interested in the prosecution of this revision petition. He has placed on record the compromise signed by the parties and their learned counsel.

3. Since it is a revision under section 439, Cr. P. C. and notice has been issued to respondent No. 14, I have gone through the record and the impugned judgment with care. I find that the ocular evidence has been disbelieved against 17 accused‑respondents and the same cannot be acted upon against Juma Khan without independent corroboration which in the instant case is lacking. The learned trial Court has applied its mind to the legal and factual aspect of the matter, appreciated the evidence in accordance with the rules laid down by the superior Courts and has given sound reasons in suppor' of its conclusion. I am of the opinion that once accused are acquitted, strong and exceptional grounds are needed for their retrial. This occurrence had taken place in the year 1968. The accused were acquitted on 10th June, 1969 and such as no useful purpose would be served by ordering retrial of Juma Khan especially when the parties have compromised and it is very much clear that the complainant would not support the prosecution case in changed circumstances.

For all these reasons the revision is dismissed.

M.Y.H. Petition dismissed.

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