APPEAL UNDER SECTION S. 417(2-A) OF THE CR.P.C, AGAINST ORDER OF ACQUITTAL PASSED BY THE LEARNED ADDITIONAL SESSION JUDGE DISTRICT HEREBY RESPONDENT NO. 2 TO 4 HAVE BEEN ACQUITTED OF THE CHARGE

IN THE COURT OF SENIOR CIVIL JUDGE LAHORE

ABC S/o D.M. Cat        , R/o    , Tehsil & District, Lahore.

…PLAINTIFF

Vs.

FDA S/o M.D. Cat        , R/o    , Tehsil & District, Lahore.

… DEFENDANT

APPEAL UNDER SECTION S. 417(2-A) OF THE CR.P.C, AGAINST ORDER OF ACQUITTAL PASSED BY THE LEARNED ADDITIONAL SESSION JUDGE DISTRICT                HEREBY RESPONDENT NO. 2 TO 4 HAVE BEEN ACQUITTED OF THE CHARGE

Respectfully Sheweth:

1)      That brief acts necessitating the institution of instant appeal are that the appellant filed a Private Complaint under Section 500, 501, 502 of P.P.C. against her defamation and imputation. The respondents not only committed vilification against the present appellant but also published defamatory / insulting and absurd literature against the appellant. In support of her private complaint, she got recorded cursory evidence. The learned trial court finding a prima facie case issued a process against the respondents. Thereafter, the evidence of the prosecution was recorded. The appellant appeared as PW-1 and was not examined on material points. She also got examined         son of                         as PW-2,           as PW-3,         son of              as PW-4 and placeddefamatory printing material on record.There was no denial from the other side that they did not publish and distributed the defamatory literature in question. The appellant who was subjected to most insulting, verification and disgracing and defamatorymaterial. Theaccused / respondent produced DWs, who were inconsistent in their defence plea. The appellant and her witnesses proved the guilt to the hilt and there were no mitigating or doubtful circumstances to acquitted the accused, the learned trial court acquitted the respondents.

2)      The impugned order suffers from illegality and irregularity and the same is based on surmises and conjectures, therefore, not sustainable I the eyes of law, inter-alia, on the following:

GROUNDS

i)              That the appellant and her witnesses produced credible and unimpeachable evidence in support of prosecution version which is enough to prove the charge.

ii)            That there is a direct incriminating evidence on the record and the specific allegations, false accusation, defamatory material is on record, resultantly, the court passed impugned judgment for the acquittal of the respondents without any justification.

iii)          That the court instead of dealing the matter on merits, has dealt in undue sympathies to the accused and has not considered the defamation character and serious damages to the modesty of the appellant, who for nothing has suffered physical and mental agony at the hands of the respondent with mala fide intent of the respondent to disgrace and humiliate the respondent in the family and lower her prestige in the eyes of people known to her.

iv)          That in the existence of the material convincing and credible evidence on record it cannot be held that there was no probability to get the charge proved.

v)            That in view of the above the order of acquittal is not only illegal but also unjustified and against the status which has been granted by the injunction of Islam to the woman folk.

vi)          That there is no sufficient evidence on record to award conviction the respondents.

It is, therefore, most respectfully prayed that the present appeal may kindly be allowed with the grant of special leave to appeal against the impugned judgment dated                   and the accused may kindly be summoned and be dealt with according to law.

APPELLANT

Through

Counsel