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LUQMAN versus MUHAMMAD NAWZ

Criminal Code of Conduct (CCPC) Section 9 Comp9 has not been moved to prioritize revision appeal against the complainant's district magistrate if there has been a denial of a fair trial or a manifest failure of justice. Can modify it. al exist in the present case. According to the story of the prosecution there were three persons in addition to the complainant who had seen the occurrence and there were many persons who had reached the spot when a hue and cry was raised by the complainant. Except one Jumma the real brother of the complainant none of the witnesses support ed the case of the prosecution. All express their ignorance of the occurrence.

The trial judge gave importance to the defence evidence which was to the effect that the complainant did say at that time that he was attacked and injured by persons with muffled faces who could not be identified. The statement of the brother of the complainant was disbelieved by the trial Judge treating him as an interested person. It cannot be said that the learned Magistrate could not arrive at that conclusion. There is no other evidence on the file. Mr. Rana could not tell me the utility of accepting it as a revisional application and ordering re‑trial. There was no fresh evidence in the posses sion of the complainant which could be placed by him before the Court during the re‑trial. Mr. Rana was compelled to admit the position that re‑trial could be of no use to his client. Thus there is no ground for me to accept this petition and it is dismissed.

A. H.

Petition dismissed.