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NAZIR JAN vs SAIL KHAN S — 2021 SCMR 1451 SUPREME-COURT

Case information

Citation
2021 SCMR 1451 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
NAZIR JAN vs SAIL KHAN S
Subject matter
Criminal
Provisions referred to
S. 302; S. 417; Criminal Procedure Code (V of 1898)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NAZIR JAN VS SAIL KHAN S. 302(b)---Criminal Procedure Code (V of 1898), S. 417 [as amended by the Code of Criminal Procedure (Second Amendment) Act (XX of 1994)]---Qatl-i-amd---Reappraisal of evidence---Petition for leave to appeal challenging acquittal---Accused was first acquitted by the Trial Court way back on 28-9-1992---Notwithstanding the fact that the State did not opt to challenge his acquittal, the High Court remanded the entire case while taking the accused as well as the convicted co-accused on board in the absence of any appeal pending before it---Statute provided appeal against acquittal to the complainant or an aggrieved person by amending the Code of Criminal Procedure, 1898 through the Criminal Procedure (Second Amendment) Act, 1994, notified on 14-11-1994 and, thus, there was no statutory basis for accused's subsequent prosecution, which though again resulted into his acquittal---Such error had duly been noticed by the High Court in the impugned judgment---Even otherwise, Trial Court's analysis where under the accused was acquitted from the charge presented a possible view that did not call for interference---Petition for leave to appeal was dismissed and leave was refused.

Other judgments reported in 2021 SCMR

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