2016 PLP 496 (MLD)

MUHAMMAD ALAM, J.

This is a criminal appeal against judgment/order dated 25-09-2014 passed by Raja Shahbaz Khan, learned judge of court of Anti-Terrorism Gilgit, whereby, the learned trial court acquitted respondents/accused.

2. The occurrence reported through FIR No.20/2011, (Exh.PW-1 6/A), dated 11-08-2011, in Police Station Aliabad Hunza, discloses the following background of prosecution version of the occurrence. On the day of occurrence, a number of Internally Displaced Persons (I.D.Ps.) of Ata-Abad Lake, numbering 700/800 persons, demanded payment of the compensation amounts of the protestors. The people so gathered started beating police personnel, present on the scene of occurrence, and when the situation further worsened, the rioters started setting fire on different nearby government buildings and government vehicles. After the occurrence, police chalked FIR, conducted investigation and submitted challan of the occurrence. Police submitted charge sheet seeking trial of respondents with other accused. After completing trial proceedings, the learned trial court passed impugned order. For ready reference, we reproduce the relevant part of the impugned judgment/conviction hereunder:-- 108. "In view of the discussions made in Para Nos.15 to 107 above, there is no corroborative evidence against accused Irfan Karim, accused Slaman Karim, accused Ahmed Khan, accused Ghulam Abbas and- accused Ameer Ali. The prosecution evidence is quite insufficient to convict the above named accused." 109 ..................................... . 110. "Hence, in the light of the above quoted case law and by giving the benefit of doubt, acquit the accused Irfan Karim, accused Salman Karim, accused Ahmed Khan, accused Ghulam Abbas and accused Amir Ali, from the charges leveled against them in the instant case." 111. .. 112. .. 113. ..

3. The occurrence of this case is one and similar to that of the case of Criminal Appeals No.35/2014 and 40/2014. Through single order/judgment dated 25-9-2014, passed in TC No.17/2011, the trial court of Anti-Terrorism Gilgit acquitted the respondents and convicted appellants of the above referred two appeals. Through our orders dated 09-04-2015, we have accepted the said appeals and have acquitted the convicts/appellants of the above referred case.

4. We have gone through the file and have heard learned Deputy Advocate General and learned counsel for respondents.

5. Learned Deputy Advocate General failed to point out any misreading of evidence by the learned trial court that resulted to the impugned order. In the opinion of learned trial court, prosecution failed to prove the guilt of the respondents, while in our opinion, prosecution has failed to even produced any evidence showing any role of the respondents in commission of the offence. There is no likelihood of recording conviction of the respondents even if the prosecution evidence collected during investigation is left un-rebutted.

6. We, therefore, dismiss this appeal holding that the same is meritless, baseless and frivolous. Appeal dismissed. This file be consigned to record. HBT/145/GB Appeal dismissed.