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Subedar (R) Muhammad Hafeez vs Abdul Ghani Ss — 2025 PCrLJ 798 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation
2025 PCrLJ 798 SUPREME-COURT-AZAD-KASHMIR
Court
Supreme Court of Pakistan
Year
2025
Reporter
PCRLJ
Parties
Subedar (R) Muhammad Hafeez vs Abdul Ghani Ss
Subject matter
Criminal
Provisions referred to
S. 249-; Criminal Procedure Code (V of 1898)

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

Subedar (R) Muhammad Hafeez VS Abdul Ghani Ss. 324, 337-a(i), 337-F(v) & 109---Criminal Procedure Code (V of 1898), S. 249-a---attempt to commit qatl-i-amd, causing shajjah-i-khafifah, ghair jaifah hashimah, abetment---appreciation of evidence---application of accused seeking his acquittal pursuant to S .249-a, Cr.P.C, was allowed by the Trial Court by extending the benefit of doubt but said orders were set-aside by the High Court---Validity---Trial Court appeared to have misconstrued the purpose and scope of S.249-a, Cr.P.C.---Plain reading of the said section indicated that it empowered a Court of competent jurisdiction to acquit an accused at any stage of the proceedings if it was evident from the case record and the evidence that there was no probability of the accused being convicted or if the charge against the accused was found to be groundless---Fundamental objective behind granting such powers was to prevent unnecessary and fruitless trials that wasted judicial resources---In this case, however, the Trial Court extended the benefit of doubt to the accused-appellants while deciding their application under S.249-a, Cr.P.C.---Such an approach was inconsistent with the scope and intent of the said section---Benefit of doubt was a principle that typically applied at the conclusion of a full trial, when the prosecution had failed to establish its case beyond a reasonable doubt, thus it was not a ground for acquittal under S.249-a Cr.P.C.---Grounds relied upon by the Trial Court in passing the acquittal order were alien to the provisions of S.249-a, Cr.P.C.---High Court, therefore, rightly set aside the acquittal order of the Trial Court---appeal being devoid of merit was dismissed, in circumstances.

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