RASHID AZIZ KHAN, J. - Facts leading to the filing of this appeal by the State challenging the acquittal of respondents Muhammad Ashraf and Shakir Hussain Shah are that one Manzoor Ahmad had filed a complaint against the respondents with the allegation that they during the year 1983 in consolidation proceedings obtained illegal gratification from him with the understanding that they would give him land of his choice but the needful could not be done therefore the complaint was filed in the year 1987. During proceedings an application under section 249-A Cr.P.C, was submitted by the respondents and the learned trial Court while accepting the same vide judgment dated 16.8.1992 acquitted both the respondents. In the present appeal their acquittal has been challenged.
2. Learned Assistant Advocate General submits that the trial Court while giving the benefit of doubt and acquitting the respondents held that' there was a delay of four years in registration of the case which on the face of it is incorrect because the complainant kept on waiting for conclusion of consolidation proceedings, and in such circumstances the delay is adequately explained.
Contended that the statement of the complainant Manzoor Ahmad does inspire confidence and should have been relied upon.
3. Arguments heard. Record perused. Prosecution in order to establish the guilt of the respondents produced Manzoor Ahmad, complainant, Muhammad Siddique, PW-2 and Noor Ahmad, PW-3, respectively. As far as Muhammad Siddique and Noor Ahmad, PWs, are concerned, both of them did not support the prosecution case, therefore, were declared hostile. As far as Manzoor Ahmad, PW, is concerned, the trial Court gave a positive finding that he had set up a case totally different from the one in the complaint, and in such circumstances, in the absence of any corroboration reliance on his statement could not be placed. After going through the judgment impugned, I find cogent reasons have been given by the trial Court, to which no exception can be taken. Resultantly the appeal fails, which is, accordingly, dismissed.