MALIK HAQ NAWAZ, J.---The instant criminal appeal has been filed by the State challenging the legality/propriety of the order/ judgment dated 22.3.2017, passed by the learned Judicial Magistrate Chilas, whereby the learned trial Court acquitted the respondents from the charges, leveled against them vide FIR No, 46/2009 under section 457, P.P.C. and 9/14 Hadood Ordinance of the Police Station, City Chilas District Diamer .
2. In Order to prove the charges the prosecution examined 14 PWs and closed its case. In an earlier round the accused were acquitted by the trial Court on 26-05-2012, which was challenged by the State before this Court which was set aside and the case was remanded back to trial Court on 01-04-2014. The record shows that the prosecution as a result of remand again examined 13 PWs and closed its case and trial of accused resulted on 28- 05-2016.
3. The prosecution again feeling aggrieved filed an appeal before this Court and the case was again remanded to trial Court on 19-10-2016 to re-record the statements of accused under section 342, Cr.P.C. and to announce judgment after hearing the parties. The learned Judicial Magistrate re-recorded the statements of accused under section 342, Cr.P.C. on 16-03-2017 and announced the impugned judgment on 22.02.2017, whereby the respondents/accused have again been acquitted.
4. The State filed the instant appeal challenging the judgment of the trial Court.
5. The learned Deputy Advocate General stated at bar that the judgment of the trial Court is perverse, arbitrary and result of mis-reading and non-reading of evidence. The learned Deputy Advocate General raised multiple grounds in the appeal and his main thrust of arguments was that there was overwhelming incriminating evidence against accused/ respondents which has been ignored by the learned trial Court and the learned trial Court fell in the error, while appreciating evidence an unwarranted leniency has shown by the learned trial Court.
6. The learned Deputy Advocate General was asked to satisfy the Court as to why PW-6 Akhter Hussain, who had purchased the wheat from the accused knowing it to be stolen has not been arrayed as an accused and instead he has been cited as prosecution witness. The learned Deputy Advocate General was confronted to reconcile the statements of complainant Rooh-ul-Amee n and the statement of PW-5 Abdul Razz aq, Which are self contradictory , mutually destructive and hit on their own core, but he showed his inability . Furthermore as evident from the judgment of the trial Court that there had been mediation between the parties and a Jirga was convened to settle the matter out of the Court. The accused deposited Rs, 1672528.00 in the State Treasury and the receipts were produced before the trial Court. The main contention of the leaned Deputy Advocate General was that deposit of such heavy amount by the respondents is a proof of their guilt and they should be convicted accordingly and deposit of money should be considered as an implied extra-judicial confession.
7. I am afraid that the submissions of Deputy Advocate General do not hold the field and are not tenable. The compromise entered by the parties, by no stretch of imagination could be taken as an incriminating piece of evidence/circumstance against the accused nor the same could be termed as implied extra judicial confession.
Sometimes the parties though innocent effect compromise to avoid the rigorous of long and protracted trial, as trial of a case in our judicial system takes years and the litigations from trial Court to apex Courts waste precious time/wealth of the effected parties. The respondents in the instant case had suffered the agonies of long/protracted trial since last over 07 years. There are material contradictions in the statements of P.Ws., which were duly considered and an appropriate judgment has been passed by the learned trial Court, which does not merit interference by this Court.
8. The leaned Deputy Advocate General failed to point out any legal flaw in the impugned judgments; the appeal is dismissed in limine.