AZIZULLAH vs NIZAMUDDIN art — 2021 YLR 2327 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 YLR 2327 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: YLR
Parties: AZIZULLAH vs NIZAMUDDIN art
Subject matter: Criminal

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

AZIZULLAH VS NIZAMUDDIN art. 13---Protection against double punishment and self-incrimination---Scope---article 13(2) of the Constitution provides that no person shall be prosecuted/punished for the same offence more than once---For applicability of autrefois aquit (formerly acquitted) the following conditions have to be satisfied: (i) there must have been a trial of an accused for the offence charged against him; (ii) the trial must have been by a court of competent jurisdiction; (iii) there must have been a judgment or order of acquittal (iv) the parties must be the same; and (v) fact and issue in earlier and subsequent trial must be identical.

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