IMAM BUX BALOCH, J.---Through this Acquittal Appeal the appellant challenged the judgment dated 20-1-2011 whereby the learned trial Court has acquitted respondents Nos.1 to 5.
2. Brief facts of the prosecution case are that complainant Mst. Naseem Akhtar was residing with his family members at first floor of House No,545, Malir Colony, Karachi while the accused residing on second floor and on the ground floor there are two shops. That after the death of father-in-law of complainant, complainant's brother in law namely Arshad Ali was intending to dispossess her from her house and used to abuse the tenants of complainant and also in the absence of complainant they used to cause damage to the valuables of complainant. On 25-9-2009 at about 2-00 a.m. the door of house of complainant was badly beaten due to which they woke up and as soon as the complainant opened the door to see as to who was at the door, the accused persons trespassed into her house and started beating her and her children. The accused persons pulled her hair and tried to throw her out of the house and she tried to resist due to which her cloths were torn and she became naked. She tried to hide her body with clothes but the accused torn her remaining clothes. They raised hue and cry and neighbours gathered there and saved them from the accused persons and were extending threats to the accused and at that time all were holding dandas/ sticks. Thereafter she lodged F.I.R. against the accused persons who obtained bail before arrest from learned Court of Session.
3. During trial the prosecution has examined complainant Naseem Akhtar as P.W.1 at Exh.3. She produced Order of learned Sessions Judge at Exh.3/A and F.I.R. at Exh.3/B. Danish Akhtar as P.W.2 at Exh.4, Abdul Qadeer as P .W.3 at Exh.5, Muhammad Jamil as P .W.4 at Exh.6, Akhtar Ali as P.W.5 at Exh.7. He has produced Mashirnama of recovery of clothes of Mat. Nasreen Akhtar at Exh.7/A. A.S.-I.
S.M. Alam Shah as P.W.6 at Exh.8. Dr. Kaleem Shaikh as P.W.7 at Exh.9. He has produced Medico- Legal Certificate at Exh.9/A and letter of police station as Exh. 9/B. The prosecution has closed his side and after hearing the parties the impugned judgment was passed.
4. I have heard the learned counsel for the appellant.
5. It is contended on behalf of the appellant that the learned trial Court has not appreciated the evidence and that wrongly held that the prosecution has failed to establish its case, though all the witnesses have supported the prosecution case. During arguments a question was put to the learned counsel for the appellant that whether the Women Medical Officer was examined during trial. He conceded that WMO was not examined. Admittedly all the witnesses are related inter se.
The prosecution during trial has not taken any ,attempt to procure the attendance of the Women Medical Officer who has issued Medical Certificate. There is no corroboration of the alleged injuries as the Women Medical Officer was not examined. In such circumstances, the alleged injuries of the complainant/victim have not been proved.
6. I have also examined the evidence. The alleged clothes of victim/complainant were not secured during investigation to corroborate the oral version of the complainant. The witnesses Abdul Qadeer and Muhammad Jamil who are alleged to be the eye-witnesses of the incident have not supported the prosecution case. More-over, there is civil dispute arising out of share of house between the husband of appellant and the respondents. The respondents Arshad Ali and Sabir Ali are brothers of Akhtar Ali, the husband of the complainant and some civil dispute is going on between them. In such circumstances corroboration has to be produced during trial, which is lacking in the instant case.
7. After examining the evidence available on record I am of the view that the prosecution has miserably failed to prove its case beyond any reasonable shadow of doubt and the learned trial Court has rightly acquitted the respondents. I see no merits in this Appeal which was A dismissed by me vide short order dated 28-2-2011 and these are the-reasons for the same.