| Citation(s) |
|---|
| 2004 SLG 2850 2004 SLD 2850 2004 PCRLJ 121 |
Lahore High Court
Criminal Appeals Nos. 41 T, 433 T of 2002 and Criminal Revision No. 133 of 1999, decided & heard on: 24th April, 2002
BASHIR A. MUJAHID, JUSTICE, MIAN MUHAMMAD, JEHANGIR, JUSTICE
Basharatullah Khan for Petitioner (in Criminal Revision No. 133 of 1999). Z. Muhammad Babar Khan, for Appellant (in Criminal Appeal No. 41 T of 2002). Sabah M. Sharifuddin Khan for Appellant (in Criminal Appeal No. 433 T of 2002). Malik Muhammad Rafiqu
Criminal Appeals Nos. 41 T, 433 T of 2002 and Criminal Revision No. 133 of 1999, decided & heard on: 24th April, 2002
BASHIR A. MUJAHID, JUSTICE, MIAN MUHAMMAD, JEHANGIR, JUSTICE
Basharatullah Khan for Petitioner (in Criminal Revision No. 133 of 1999). Z. Muhammad Babar Khan, for Appellant (in Criminal Appeal No. 41 T of 2002). Sabah M. Sharifuddin Khan for Appellant (in Criminal Appeal No. 433 T of 2002). Malik Muhammad Rafiqu
AMIR ZAMAN AND OTHERS --AppellantS
VS
SYED AMER ABBAS AND OTHERS --RespondentS
Law: Criminal Procedure Code (V of 1898)
Section: 417(2A)
Law: Anti Terrorism Act, 1997
Section: 6,7,8,25(4)
Law: Penal Code (XLV of 1860)
Section: 302/341/353/365A/392/394/412/34
Law: West Pakistan Arms Ordinance, (XX of 1965)
Section: 13
Criminal Procedure Code (V of 1898) -- S. 417(2 A) Anti Terrorism Act (XXVII of 1997), Ss.6, 7, 8 & 25(4) Penal Code (XLV of 1860), Ss.302/341/342/353/365/365 A/392/394/412/34 West Pakistan Arms Ordinance (XX of 1965), S.13 -Appeal against acquittal and revision for enhancement of sentence ¬Under provisions of subsection (4) of S.25 of Anti Terrorism Act, 1997 only Attorney General, Deputy Attorney General, Standing Counsel, an Advocate General or an Advocate of High Court or Supreme Court appointed as Public Prosecutor, Additional Public Prosecutor or a Special Public Prosecutor, could file an appeal against acquittal within 15 days of the order of acquittal Right of appeal against acquittal having been created by a statute, could not be resorted to by implication or by inference Police constable, in the present case, in his official capacity had got criminal case registered against the accused who were acquitted of the charge by Trial Court Only the State could file appeal against acquittal and complainant being not included in the category, of officers mentioned in subsection (4) of S.25 of Anti Terrorism Act, 1997, could not file appeal against acquittal of accused Words used 'any Court' in S.417(2 A), Cr.P.C. were only relevant to the Courts functioning under Criminal Procedure Code, 1898 and it would not extend or refer to Special Courts established under special laws like Anti Terrorism Act, 1997 and right of appeal could not be read in the Statute which did not specifically provide for By not providing right to appeal against acquittal to private complainant, no fundamental right had been infringed Equality of a citizen before law was to be seen under the particular law Appeal filed against acquittal and revision for enhancement of punishment, were dismissed being incompetent. Faiz Muhammad v. Mehrab Shah and others PLD 1991 Pesh. 166; Faizur Rehman v. The State and others PLD 2002 Pesh. 6; Quaid e-Azam v. The State 2000 PCr.LJ 216 and NLR 1998 Criminal 369 ref. THIS JUDGMENT DELIVERED BY: BASHIR A. MUJAHID, JUSTICE:---.--- This judgment will dispose of Criminal Appeals Nos.41 T of 2002, 433 T of 2002 and Criminal Revision. No. 131 of 1999 as the…
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