Appeal Against Acquittal Order Under Section 249-A 

IN THE COURT OF DISTRICT & SESSION JUDGE  AT  KARACHI WEST

 

Crl. Acquittal Appeal No.          / 2021.

           

1-

Karachi.………………..……...……………………....Appellant.

V e r s u s.

1.  

5.  Consumer Protection Court/CJJM,West Karachi…………...…………..…….…….Respondents.

 

Criminal Case

No......./2020. 

F.I.R: ....../2020

U/s. 420,468,34 PPC.

P.S. Peerabad,

Karachi.

 

 

CRIMINAL ACQUITTAL APPEAL UNDER SECTION 439 OF CR.P.C

 

          Being Aggrieved and Dissatisfied With the order 06.03.2021 passed by the learned Consumer Protection Court West, Karachi in Case No. 2606/2020 (here-in-after referred and called as “impugned Judgment”) whereby the learned Judicial Magistrate acquitted the respondents/accused from the charge punishable u/s 420/468/34 PPC, that the appellant prefers the instant appeal against the impugned judgment with the prayer that  this Hon’ble Court may be pleased to call record and proceedings in the above case from the learned Trail Court in order to satisfy itself and after hearing of both parties as to the correctness, legality and propriety of the impugned Judgment, set aside the same and award the sentence to the respondent in the above offence, inter alia on consideration of the following facts and grounds.

(Certified true copy of Order dated:06.03.2021 & application under section 249-A attached herewith as annexure “A/A-1)

 

FACTS

Brief facts of the impugned order is that the allegations as level in the FIR against accused persons are that on the complainant above named lodged an above FIR the Complainant residing above mention address solemnized merry with the respondent/accused No.3 on  25.05.2014. at the time of Nikah the respondent No.3 disclosed his name Muhammad Nasir s/o Abdul Khaliq but Ruksati was not took place during Nikah he Fraudulently  obtain eight lack rupees cash and two lack rupees gold from complainant for business and suddenly accused/respondent No.3 disappeared, Nikah was performed near Qasab 2 ½ Number near Ali Raza Imam Bargah in the presence of witness namely Shaik Jamal Yousaf S/o Shaik Yousaf , Muhammad Shahyan, Amir Khan s/o Chotay Khan and Nikah performed by molvi Hakeem Noman, It is also alleged that search the accused Muhmmad Nasir, it come to knowledge that Muhmmad Nasir contract the marriage with me by fake name, while his real name is Abdul Majid S/o Abdul Khaliq. It is also alleged that this is a group who contract the marriage with innocent girls and cheat with her  for which complainant moved application at various forums and also filed petition under section 22-A of Cr.P.C and under direction the Hon’able Court FIR has been registered and case has been investigated.

          After completion of usual investigation, the above accused persons were sent up before the Honorable Court and bail has been granted of all accused

          That the formal charge has been framed, and notices has been served to witness, complainant has been examined but yet no any prosecution witness has been examined.

          That on 15.03.2021 the accused/respondent No.1 & 2 has field application u/s 249-A of Cr.P.C  wherein they both preyed before the trial Court to acquit the both accused/respondents, that without notice to complainant council or hearing, neither supply copy to complainant council, the trail Court passed an impugned order dated:06.03.2021.

(The Certified Copy of FIR, Report U/S 173, Charge, Examination-in-Chief & Cross examination of the Appellant a/w Deposition of Complainant with annexure are enclosed herewith and marked as annexure    A/2 to A/4)

 

GROUND

1.     That the learned trial court did not consider the merit of the case so also did not consider that the respondent/accused are not quite innocent and committed commit above alleged offence.

2.     That the respondent/accused play the specific role with the commission of alleged offence.

3.     That the impugned order dated:06.03.2021 is bad in law and the same is liable to be set aside.

4.     The learner trail Court has not apply the judicial mind and without appreciating the evidence which mentioned in the challan u/s 173 of Cr.P.C and acquitted the respondent/accused.

5.  That the learned trail judge failed to appreciate that there is motive behind the commission of offence by the accused persons and in presence of independent witnesses the learned trail Court failed to put the same in judicial manner and decided the same on technical manner.

 

6.  That the trial Court did not give specification reason or for disposing the Criminal case without having cogent reason though the investigation has clearly given the name of witnesses so also their statement u/s 161 of Cr.P.C.

7.  That the accused persons with active / specific  role admitted the commission of incident that All accused  are one of the group who contract the marriage with innocent girls with fake name and fraudulently took the money and disappeared. 

8.     That the all accused persons are involved to arranged the Nikah and well aware to each other’s by details and name. It is submitted that the Accused No.3 contract the third  marriage with one lady namely……. With fake name Muhammad Nasir And Accused  No.2 is also witness of the said Nikah, but the both accused concealed the original name in value able/noble Islamic contract but the learned trail judge who miserably failed to look the martial evidence as well as failed to appreciate the evidence in shape of documentary proofs also.(Copy of Nikah nama enclosed)

9.  That the motives of all accused is very much clear and there is no bar if family litigations are pending between the parties because each and every has to been decided on its own merits not on presumptions and summaries. 

10.That the learned trail Court on one hand discuss genuineness of nikah name while on the other hand the learned Trail Court decline to interfere in validity or invalidity of any contract/Nikah with fake name as per Islam Law.

11.                         That the appellant has no enmity with all accused whom is committed offence against the appellant who left nothing just to readdressal her grievances at competent forum and the learned trial Court has failed to consider the same.

12.                        That it is well settled principle of law that the Learned Court shall not facilitate the either side and has to be administrated and decided the matter on its own merits. It is submitted in present matter the learned trail court in slip short manner but not look the gravity of offences, which is called serious miss-carriage of justice on the part of learned trail Court, therefore, the sentences may be granted.

13.                        That, the impugned judgment is the result of misreading and non-reading of the real fact on record produced by the prosecution during the trail so also available in police record.

14.                        That the learner trail Court also not Consider the complainant who  identified the all accused in this case as well as other witnesses also specifically role of the all accused and documentary evidence which available on record but the learner trail court did not consider this ground and acquitted the above respondent/accused.

15.                        That the Learner trail Court fail to consider that the prosecution established the case against the accused but trial Court without any extra judicial mind and passed impugned order dated:06.03.2021.

16.                        That, other grounds if any shall be argued at the time of hearing of this appeal with prior permission of this Hon’ble Court.

17.                        That the appeal is in time with Jurisdiction of this Court.

 

P R A Y E R

                    It is therefore humbly prayed that this Honorable Court may be pleased to suspend the order dated:06.03.2021 and set aside the impugned judgment dated:06.03.2021 and to award the conviction to the respondents/accused as per law in the above case.

 

 

Karachi

Dated:      .03.2021                 ADVOCATE FOR THE APPELLANT

 

 

IN THE COURT OF DISTRICT & SESSION JUDGE  AT  KARACHI WEST

Crl. Acquittal Appeal No.          / 2021.

                          A     ..……...……………………....Appellant.

VS

B  …...…………..…….…….Respondents.

 

A  F  F I D A V I T.

        I,.........,  Karachi, do hereby state on solemn affirmation as under:-

 

1.  That I am the deponent of this affidavit and being appellant in the above matter, as such I am fully conversant with the facts of the case.

 

2.  That the accompanying Cr. Acquittal appeal has been drafted  and filed under my  instructions and  the contents of the same may be treated as part and parcel of this affidavit.

 

3.  That I say that for the same brevity the grounds taken in the accompanying appeal may please be treated as part and parcel of this affidavit.

 

4.  That unless the accompanying application is granted the appellant will suffer irreparable loss and seriously prejudice.

 

5.  That whatever stated above is true and correct to the best of my knowledge and belief.

 

 D E P O N E N T

IN THE COURT OF DISTRICT & SESSION JUDGE  AT  KARACHI WEST

Crl. Acquittal Appeal No.          / 2021.

A..……...……………………....Appellant.

V e r s u s.

B …...…………..…….…….Respondents.

 

F.I.R: /2020

U/s. 420,468,34 PPC.

P.S. Peerabad,

Karachi.

CERTIFICATE

 

 

                   I undersigned appellant for the above Reference number that there is no any other appeal has been filed for the above said accused before this Honorable Court in the above title matter and this is the first appeal submitted before this Honorable Court.

                   Prayed is made out in the larger interest of Justice.

 

Karachi

Dated:     -03-2021                           Advocate for the Appellant