Aboobucker Sabir vs. Sinnarasa Aboothahir Alias Janeer – CA PHC 0245/17-2023

In the case between Aboobucker Sabir (complainant-petitioner-appellant) and Sinnarasa Aboothahir alias Janeer (accused/respondent), the court addressed the issue of whether the evidence adduced at trial supported the charge of assault made against the respondent. The court determined that the evidence presented, including testimony from key prosecution witnesses, did not substantiate the allegations. It was held that the acquittal by the Magistrate and the subsequent dismissal of the revision application by the High Court were justified. The principle reaffirmed in this decision is that appellate intervention is unwarranted when there is a lack of credible evidence supporting the charge. Reliance was placed on the proper application of section 136(1) of the Code of Criminal Procedure Act a