LAHORE, Sept 19: Injuring the ‘family’ donkey has offended the master so much that he first initiated criminal proceedings and then involved himself in a judicial process which included the invoking of the jurisdiction of the Lahore High Court.

Justice Sheikh Abdur Rashid on Monday took up a criminal appeal of Nigah Husain, a resident of Noorpur Thal, Khushab district, and issued notice to respondent Mohammad Ramzan of the same area who is charged with hurting the donkey.

Noorpur Thal police registered an FIR under section 428 PPC saying the accused inflicted injuries on the ‘family’ donkey of Mr Husain which he had purchased for Rs6,000. The complainant got the injured donkey examined medically by a veterinary doctor and submitted the report with the police station as an assistance to the official investigating his complaint.

The accused had to obtain bail in the case which was tried by a local magistrate. The trial court acquitted Ramzan on the grounds that the complainant did not produce the donkey in the court to know the animal’s colour and shape. The trial court also said the investigation officer did not produce the map of the occurrence which was required under the law.

Nigah Husain contested this objection stating that a medical certificate was sufficient and the donkey’s personal appearance would have made no difference because the animal was not going to give any evidence.

But the court did not agree to the ‘legal’ preposition while acquitting Ramzan. The court observed that the absence of the donkey at the time of evidence had created the doubt about occurrence.

Nigah Husain said in his appeal with the high court that the trial court had misread the prosecution evidence and facts of the case while acquitting the accused.