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| Format of Appeal against acquittal under section 417 Cr.PC In the name of ALLAH, the most beneficent, the most
merciful |
IN THE HONOURABLE
Crl. Appeal No.______/2022
Gulshair Ahmed Awan Malik son
of Nabeel Ahmed Jan Malik R/O Chokriata,
…Appellant
Versus
1.
Rehan
Farhan Sher son of Saqib Ali Malik Sher R/O Village Abutabi, Siraiki,
2.
Sohail
Ahmed Khan Butt son of Butt Naseer Ahmed, both resident of Village Abutabi, Siraiki,
3.
The State
Respondents
APPEAL
UNDER SECTION 417 (2) CR.P.C. AGAINST THE JUDGMENT DATED 12.10.2010 PASSED BY
MR. SAEED AHMED JUDICIAL MAGISTRATE,
Respectfully Sheweth:-
1. That briefly stated the facts of the case are
that the petitioner is complainant of case FIR No. No.406/07 dated 3.7.2007 U/S
379/411 PPC. P.S. Saddar Bazar ,
2. That challan of the case was submitted before
the learned trial court, accused/ respondents NO.1 & 2 were kept in column
No.2, charge was framed, the accused pleaded not guilty, evidence was
called and ultimately vide judgment dated:
12.10.2010 the accused/respondents have been acquitted hence this appeal.
3. That the impugned judgment is liable to be
set-aside on the following amongst other
GROUNDS:-
A. That the impugned judgment is against law and facts of the case.
B.
That
in the hot haste the learned trial court has decided the case in slip shod
manner perversely and arbitrarily, which is based surmises and conjectures.
C.
That
the appellant fully proved his case by way of cogent evidence but the learned
trial court did not give any weight to it.
D.
That
the learned trial court has given undue weight to the minor contradictions in
the prosecution evidence.
E.
That
the trial court had not appraised the evidence on record properly and erred
while acquitting the accused by giving benefit of doubt because sufficient
incriminating material is available against the accused on record.
F. That
the appellant fully proved his case on record by way of evidence, but the learned trial court did not
give proper weight to the evidence lead by the prosecution. Recovery was
effected and was also proved. Moreover, demarcation was got conducted by the
accused themselves, which cannot be ignored. Delay has also been explained in
the FIR.
G. That the impugned judgment is result of
misreading and non reading of material, which has caused miscarriage of
justice.
H. That the learned trial court did not view
the case from it’s right angle and reached a wrong conclusion.
J.
That
the impugned judgment is based upon has been passed by the learned trail court
on assumptions and presumptions.
K. That the impugned judgment is not a judicial
speaking judgment and thus is liable to be set-aside
PRAYER:-
It is, therefore,
respectfully prayed this appeal may be accepted and the impugned judgment
dated: 12.10.2010 passed by learned Judicial Magistrate, Rawalpindi may kindly be set-aside and the accused/ respondents No.1 to 2 may
kindly be punished according to law.
Any other relief which
this Honorable court may deem fit and proper be also awarded to the appellant.
Appellant
Through
Counsel
CC No. ______
CERTIFICATE:
Certified
as per instructions that this is the first appeal in this Honorable Court against
impugned Judgment. Moreover, nothing is pending before the Honorable Supreme
Court of Pakistan on the subject matter.
Advocate
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