KHALIQ DAD vs NADIR KHAN Ss — 2023 PCrLJ 1276 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 1276 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: KHALIQ DAD vs NADIR KHAN Ss
Subject matter: Criminal
Provisions referred to: S. 249-; S. 265-K

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

KHALIQ DAD VS NADIR KHAN Ss. 249-a, 265-K & 417(2-a)---"appeal against acquittal"---acquittal of accused under S. 249-a or 265-K, Cr.P.C.---Distinction---No embargo is placed on the appellate court from reviewing the evidence upon which an order of acquittal was based---Generally, the order of acquittal shall not be interfered with because the presumption of innocence of the accused is further strengthened by acquittal---However, in appeal or revisional proceedings, the order of acquittal of the accused under S. 249-a or S. 265-K of the Cr.P.C. would not have the same sanctity as orders of acquittal on merits---Consequently, the principles, which are to be observed and applied in setting aside the findings of acquittal, or the principles, relating to the presumption of double innocence, when an accused is acquitted after a full-fledged inquiry and trial to acquittals under S. 265-K of the Cr.P.C., will not be applicable---Paramount consideration of the Court is to ensure that miscarriage of justice is prevented---Miscarriage of justice, which may arise from the acquittal of the guilty, was no less than from the conviction of an innocent---In a case where admissible evidence is ignored, a duty is cast upon the appellate Court to re-appreciate the evidence in a case where the accused has been acquitted for the purpose of ascertaining as to whether any of the accused committed any offence or not.

Other judgments reported in 2023 PCRLJ

2023 PCrLJ 1115 QUETTA-HIGH-COURT-BALOCHISTANNOOR ZAMAN VS State Site plan---Scope---Site plan is not a substantive piece of evidence to be used to contradict or counter the ocular acco…
2023 PCrLJ 583 KARACHI-HIGH-COURT-SINDHFAREED AHMED VS State S. 6---Prohibition of possession of narcotic drugs---Scope---Word "possession" has been used in the Control of Narcoti…
2023 PCrLJ 1146 KARACHI-HIGH-COURT-SINDHBARKAT ALI VS State Benefit of doubt---Principle---If a single doubt created reasonable doubt in a prudent mind about the guilt of the accus…
2023 PCrLJ 496 PESHAWAR-HIGH-COURTFAKHAR ZAMAN VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss.20, 21 & 24---Dignity of natural person, modesty of natu…
2023 PCrLJ 522 KARACHI-HIGH-COURT-SINDHDANISH VS State Ss. 354, 376(2), 337-J, 342 & 506(2)---prevention of electronicCrimes Ordinance (LXXII of 2007), S. 13(2)---Juvenile Justice…
2023 PCrLJ 1092 ISLAMABADJAVAD KHAN VS State Ss. 29 & 44---Penal Code (XLV of 1860), Ss. 419 & 420---Two sets of offences, cognizance of---Principle---Federal Invest…

Back to the case-law library · Search Pakistani case law in Urdu or English