Assadullah vs State S — 2025 PCrLJ 144 Gilgit-Baltistan Chief Court

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Assadullah VS State S. 265-K ---application for acquittal not moved by all accused persons---Incomplete challan---Effect---Trial Court rejected application for acquittal moved by the petitioners /accused persons (two in number)---Validity ---admittedly, challan/ final police report had been submitted in the Court of competent jurisdiction against the accused/petitioners and their absconding co-accused ; and charge against the petitioners had been framed by the Trial Court and trial of accused/ petitioners has commenced---Principal accused and alleged victim/lady had absconded immediately after the occurrence and their names had been disclosed in the column No.2 of incomplete challan---Recovery memo. showed that the vehicle which was used in the occurrence had been recovered from the house of the petitioners/ accused---Usually a criminal case should be allowed to be disposed of on merits after recording of prosecution evidence, statement of accused under S.342, Cr.P.C, if so desired, and hearing final arguments of both the parties---Provisions of Ss.265-K, 249-a & 561-a, Cr.P.C should not normally be pressed into action for deciding the fate of a criminal case---Moreover, the Trial Court is fully competent to apprise analysis and scrutinize the prosecution evidence with a view to find out whether the charge is groundless or that there is no satisfactory and reliable evidence to establish the guilt of the accused---However, in the present case, there were more than one accused, and one of them moved an application under S.265-K Cr.P.C---In such a situation the approach of Court to analyse and apprise the evidence would be different from the one where only one accused is facing trial---In the present case, two accused had not yet been arrested and prosecution had to produce about 20 witnesses to prove allegations against the petitioners/ accused---as such acquittal of accused / petitioners at such stage would definitely prejudice the case of co-accused---Trial Court had rightly rejected application for acquittal, in circumstances---Petition was dismissed, in circumstances.

Assadullah vs State S — 2025 PCrLJ 144 Gilgit-Baltistan Chief Court

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