Reappriaisal of evidence

2014 GBLR 153 SUPREME-APPELLATE-COURT Judicial Precedent

Ss. 427, 447, 506, 147 & 148Criminal Procedure Code (V of 1898), Ss.249-A & 417(2-A)Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, Art. 60Mischief causing damage, criminal trespass, criminal intimidation, riotingAppeal against acquittalReappriaisal of evidence

Complainant was not present at the place of occurrence at relevant time and he was told the details of the occurrence when he reached the place of alleged venue of crime

Name of eye-witness was not mentioned in the FIR, and the implication of accused persons in the case was on the basis of hearsay evidence

Name of person who gave the details of the occurrence, was not given

No direct evidence was available against accused persons

Prosecution obtained as many as sixteen adjournments, on one or the other pretext, but did not produce any witness at all

None of the prosecution witnesses, in pursuance of bailable warrants, turned up to appear before the court including the complainant, nor bailable warrants were returned

Accused persons remained in attendance, and the complainant kept on prolonging the agony of accused persons

Prosecution failed to produce the evidence in order to substantiate its case against accused persons

Acquittal of accused persons under S.249-A, Cr.P.C., did not suffer from any illegality or irregularity, causing any miscarriage of justice, and did not warrant interference

Judgment of the Chief Court being unexceptional, did not admit any interference by the Supreme Appellate Court

Petition was dismissed.