1. ' SYED ZAKIR HUSSAIN, J.--This criminal acquittal is preferred by the appellant against the judgment dated 30-12-2009, acquitting thereby the respondents Nos.2 to 4 on the ground of benefit of doubt from the charge of the case bearing Criminal Case No, 212 of 2007 pertaining to the FIR No, 278 of 2005 of Police Station Jamshed Quarters under sections 147/448/342/427/457/506, P.P.C. The appellant approached for setting aside of the same and an order of the conviction and sentence under the aforesaid sections of law against the respondents on the facts and grounds mentioned in the memo of the appeal.
2. ' Briefly, the facts are that on 27-8-2005," the complainant Mst. Rasheeda now appellant lodged the report with the Police Station Jamsheed Quarters that in the night of the instant Friday, three police mobiles with private vehicles, respectively occupied by the police officials and the private respondents Nos.2 to 6, came to her house and having entered the same forcibly, by the use of bulldozer, demolished its structure and made the entire occupants shelterless and thereafter, brought them to Al-Asif Square Sohrab Goth, City Shopping Mall, illegally and forcibly despite her disclosure to the culprits that a litigation over the said house had been pending competent Court of law. The police officials having registered the case investigated the same and ultimately charge sheeted the respondents referred to above, showing them in the relevant column thereof respectively as absconding ones out of whom, the respondents Nos. 2 to 4 joined the trial.
3. ' The VII-Civil Judge and Judicial Magistrate Karachi (East) framed the charge against the respondents Nos.2 to 4 for the offences mentioned above to which they pleaded not guilty and claimed trial. The court on the basis of the evidence disposed of the case on merits by way of the impugned judgment, which carried the acquittal order referred to above, while the case was kept on dormant file against the absconding accused persons.
4. ' This Court heard the matter on 9-9-2010 and passed its short order, whereby it dismissed the appeal for the reasons to be recorded later on. Following are the reasons for the same.
5. The perusal of the impugned judgment shows that the prosecution though led the evidence but failed to prove the charge beyond shadow of any reasonable doubt. It is observed by the learned trial Court in the impugned judgment that the appellant being complainant and the prime witness of the prosecution, neither disclosed any name of the culprit nor pinpointed the specific role of any of them and the F.I.R, was registered against unknown persons with the admission that due to darkness she could not have identified the culprits. The other witnesses also failed to give any positive evidence in general and as to identity of the culprits in particular. In these circumstances, the learned trial Court gave the benefit of doubt to the charge-sheeted persons and ordered their acquittal while the case of the absconding accused was kept on dormant file, whereas nature of the evidence demanded the same treatment as to be given to them, too. Learned counsel for the appellant failed to satisfy the court by showing any misreading or non-reading of the evidence and any illegality or error and causing miscarriage of justice warranting interference of this court.
6. The appeal was accordingly dismissed by the aforesaid short order on the basis of the instant reasons.
7. ' The absconding accused namely, Ali Haider alias Ali Abid, Muhammad Rizwan, Asif, Syed Zubair and Majeed Khan also stand acquitted for the reasons that there is no incriminating stuff in the matter against them and there appears no probability of their being convicted, too, and hence keeping the matter on dormant file against them is devoid of productivity and being purposeless by all means, is unwarranted in law.