A shopkeeper who was arrested for restraining a youth after his shop window was smashed has been cleared of assault.

Sheikh Tariq Mahnood, who suffers from heart problems, was charged with causing actual bodily harm after the incident on June 5, 2007.

Mr Mahnood came to England a few years ago to build a better life for himself. Now, despite his relief at the verdict, he is considering returning to Pakistan.

His sister-in-law Naila Salim said: “He told me he just cannot take it any more.

“He is now thinking he would rather go back than stay here.”

Mr Mahnood, 56, was at work in his convenience store in Plains Avenue, Maidstone, when a gang of youngsters came in.

Maidstone magistrates heard how Mr Mahnood, who had experienced problems with gangs shoplifting, requested that only four of the youths should come into the shop at a time.

Anna Farley, defending Mr Mahnood, said the gang started kicking a football around and smashed a panel of glass in the door and a window.

One of the youths, who cannot be named for legal reasons, entered the shop after the ball went inside.

CCTV footage, shown to the court, showed the youth tussling with Mr Mahnood’s nephew and eventually being held from behind by Mr Mahnood while his nephew called the police.

Two terrified-looking female members of the family huddled behind the shop counter.

The youth then fell to the floor and claimed he had passed out because Mr Mahnood had been “strangling” him.

Catherine Sparks, prosecuting, accused Mr Mahnood of using more than reasonable force to restrain the youth.

Miss Farley claimed the youth was the leader of the gang and had entered the shop to “show off” to his friends. He denied this was the case.

She later asked him to describe the sensation of fainting to which he replied: “All I remember is losing my breath and then hitting the floor.”

Miss Farley suggested the youth fell to the ground when he realised the police had been called to try to avoid getting in trouble. He denied being aware any such call had been made.

Police confirmed hearing the youth racially abusing Mr Mahnood during CCTV coverage of the incident.

They also said they could hear the youth telling Mr Mahnood he was “strangling” him.

In summing up Miss Farley said there was no medical evidence that the boy had passed out.

“(Mr Mahnood) was defending his property, himself and others in the shop,” she said.

Magistrates found Mr Mahnood not guilty, ruling that his actions were “reasonable in defence of your property and yourself”