1999 PLP 2381 (MLD)
THE STATE through Advocate-General, Sindh — Appellant Versus FAROOQ JAMEEL — Respondent
| Citation | 1999 PLP 2381 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | THE STATE through Advocate-General, Sindh — Appellant Versus FAROOQ JAMEEL — Respondent |
Q1: What are the key laws and sections cited in 1999 PLP 2381 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 2381 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 2381 (MLD) (THE STATE through Advocate-General, Sindh — Appellant Versus FAROOQ JAMEEL — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- THE STATE through Advocate-General, Sindh---Appellant
- S. Mahmood Alain Rizvi for Respondent.
Headnotes / Summary
Ss. 249-A & 417
Respondent was son-in-law of appellant
Suit of dissolution of marriage was filed by daughter of appellant against respondent
Suit was filed under pressure of appellant
F.I.R_ against respondent was registered during pendency of family suit
Trial Court acquitted respondent
Where acquittal by Trial Court was made after recording of evidence and evidence was not enough to justify conviction acquittal of accused was justified.
Judgment & Decree
NAZIM HUSSAIN SIDDIQUI, J.
This acquittal appeal under section 417, Cr.P.C. is directed against the order dated 8-4-1993,of learned A.C.M. Court No. V, whereby respondent Farooq Jamil was acquitted under section 249-A, Cr.P.C. in the case relating to F.I.R. No.29 of 1991 registered under section 506-B, P.P.C. at Police Station Nazimabad, Karachi. The facts relevant for decision of this appeal are as follows: Complainant Mst, Nasim -Akhtar lodged said F.I.R. on 26-1-1991 stating therein that on 20-1-1991 at about 11.00 p.m. the respondent who is her son-in-law, had come to her house, threatened to kill her and her husband Nawabzada Nasir had broken the window panes and also damaged other articles, On completion of investigation the charge-sheet was submitted before the concerned Court. The case proceeded before trial Magistrate and four witnesses namely Mst. Naseem Akhtar, P.W. Mahboob Hussain, Shujauddin and Haider Ali were examined. Thereafter, an Application under section 249-A, Cr.P.C. was filed which was allowed, and the respondent was acquitted. It is contended on behalf of the appellant that acquittal order is not according to law, and the learned trial Magistrate had given too much importance to the minor contradictions appearing in the evidence of above named Witnesses. We have gone through the evidence of above witnesses and are of the view 'that said evidence is not enough to justify conviction under section 506-B, P.P.C: In fact, it is a dispute over the marriage of Mst. Romans who is a daughter of the complainant and wife of the respondent. The matter, is pending before this Court since 27-10-1993. Mr. Mehmood Alam Rizvi, learned counsel for the respondent pointed out that Mst. Romans had filed the Family Suit No.542 of 1989 prior to this incident, against the respondent for dissolution of marriage, and later on withdrew it on 8-3-1990 stating therein that she was pressurised by her mother and step-father to file said suit. She also stated that both of her parents were bent upon to destroy her family life. The acquittal, under the circumstances, was justified. Accordingly, the acquittal appeal is dismissed. Q.M.H./S-191/K Appeal dismisses.