QURBAN HUSSAIN vs State art — 2022 PCrLJ 1022 LAHORE-HIGH-COURT-LAHORE

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QURBAN HUSSAIN VS State art. 13---Criminal Procedure Code (V of 1898), S. 403---General Clauses act (X of 1897), S. 26---Protection against double punishment and self-incrimination---Person once convicted or acquitted not to be tried for the same offence---Provisions as to offences punishable under two or more enactments---Nemo debet bis vexari pro una et eadem causa---applicability---Scope---autrefois acquit---autrefois convict---Scope---article 13 of the Constitution, S. 403 of Cr.P.C. and S. 26 of the General Clauses act, 1897 are based on the ancient maxim of "nemo debet bis vexari pro una et eadem causa" which connotes that "no person should be twice disturbed of the same cause" and common law principle, which the accused can use as a shield in the form of pleas of "autrefois acquit" which means "formerly acquitted" and "autrefois convict" which means "formerly convicted"---Double jeopardy means that no person should be periled twice in respect of the same matter---Reading of the said enactments provisions of law showed that the principles of autrefois acquit and autrefois convict contained in S. 403(1), Cr.P.C., forbid a new trial after a conviction or acquittal on the basis of the same facts---No court, according to S. 403, Cr.P.C., shall try any person who was already tried by a court of competent jurisdiction on the same facts, irrespective of whether he was acquitted or convicted---Section 26 of the General Clauses act, 1897, provides that where an act or omission which constitutes an offence under two or more different enactments, then the accused shall be liable to be prosecuted under either or any of said enactments, however, the accused shall not be liable to be vexed twice for the same offence---article 13(a) of the Constitution places an embargo on subsequent prosecution and punishment for the same offence.

QURBAN HUSSAIN vs State art — 2022 PCrLJ 1022 LAHORE-HIGH-COURT-LAHORE

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