Waris Khan vs State art — 2026 YLR 337 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2026 YLR 337 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2026
Reporter: YLR
Parties: Waris Khan vs State art
Subject matter: Criminal
Provisions referred to: S. 403---G; S. 26---P; S. 403; S. 26; 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

Waris Khan VS State art. 13(a)---Criminal Procedure Code (V of 1898), S. 403---General Clauses act (X of 1897), S. 26---Protection against double punishment---Double jeopardy---Scope---No individual can be prosecuted or punished more than once for the same offence---Case of protection was firmly embedded in art.13(a) of the Constitution of Pakistan, which guaranteed that "no person shall be prosecuted or punished for the same offence more than once"---Said constitutional safeguard was reinforced by S.403 Cr.P.C., which barred retrial for the same offence or upon the same facts once a person had been acquitted or convicted---additionally, S.26 of the General Clauses act, 1897, provides that although a single act might have constituted offence under multiple enactments, the offender may be prosecuted under any one of those enactments but shall not be liable to be punished twice for the same offence.

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