Fawad Ahmed vs Election Commission of Pakistan through Chief Election Commissioner art

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Fawad Ahmed VS Election Commission of Pakistan through Chief Election Commissioner art. 13---Criminal Procedure Code (V of 1898), S. 403---Double jeopardy, principle of---Genesis and implications---Genesis of art.13 of the Constitution can be traced to the English Common Law rule 'nemo debet bis vexari', which, literaly, means that a person may not be put twice in peril for the same offence---This principle by now has come to assume a universal application and is found in constitutions of most of the countries---Implications of the same are:- (i) a person may not be tried for a crime in respect of which he has previously been acquitted or convicted; (ii) In respect of a crime on some previous charge/indictment he has been lawfully convicted; (iii) Where the offence charged is in effect the same or substantially the same as one in respect of which the person charged has previously been acquitted or convicted or in respect of which he could, on some previous indictment, has been convicted; (iv) The evidence necessary to support the second indictment or the facts which constituted the second offence would have been sufficient to procure a legal conviction upon the first indictment either as to the offence charged or as to an offence of which on the indictment, the accused could have been found guilty; (v) The offence charged in the second indictment must have been committed at the time of the first charge i.e. a conviction or acquittal for an assault will not bar a charge of murder if the assaulted person later died; (vi) The earlier adjudication leading to guilt or innocence of a person charged must have been through a valid process and by a Court of competent jurisdiction; (vii) The conviction or acquittal in the previous proceedings must be enforced at the time of the second trial.

Fawad Ahmed vs Election Commission of Pakistan through Chief Election Commissioner art — 2025 MLD 642 ISLAMABAD

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