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AAMIR ULLAH vs GHAZI GUL S — 2022 PCrLJ 332 FEDERAL-SHARIAT-COURT

Case information

Citation
2022 PCrLJ 332 FEDERAL-SHARIAT-COURT
Court
Federal Shariat Court
Year
2022
Reporter
PCRLJ
Parties
AAMIR ULLAH vs GHAZI GUL S
Subject matter
Criminal
Provisions referred to
S. 367

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

AAMIR ULLAH VS GHAZI GUL S. 367(5)---Contents of judgment---De-novo trial---Scope---Accused challenged the legality of his conviction whereas complainant sought enhancement of his sentence---Matter was remanded to the Trial Court with the direction to adhere the mandatory provisions of S. 367, Cr.P.C. and conclude the proceedings after providing fair opportunity of addressing arguments to all the parties---Trial Court on a mere cursory view of record and a look at accused concluded that the accused was a teen-ager and charge did not commensurate with the facts of case and ordered for de novo trial---Validity---Record showed that the Presiding Officer was bent upon to intentionally linger on the proceedings on one or the other pretext---First attempt was to get the accused declared juvenile by a Medical Board and thereby started a de novo trial; second effort was made by altering the charge without adhering to respective provisions of Cr.P.C.; thirdly, to create a jurisdictional dispute, the Trial Court found the argument of defence counsel reasonable i.e. expressed his opinion that by altering the charge forum of appeal was changed---Trial Court by ignoring the command of the order of Appellate Court, adopted a unique course, thereby exceeding its jurisdiction, transgressed legal limits, flouted the order and thus, left no stone unturned to get the proceedings lingered on by increasing the miseries, difficulties and problems of an under-trial prisoner---Revision petition was allowed with direction to Sessions Judge to hear the matter himself or transfer the same to any Court of competent jurisdiction.

Other judgments reported in 2022 PCRLJ

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