Law: Criminal Procedure Code (V of 1898)

Section: 417(2)

Law: West Pakistan Arms Ordinance (XX of 1965)

Section: 13(e)

Criminal Procedure Code (V of 1898)--- ----S.417(2)---West Pakistan Arms Ordinance (XX of 1965), S.13(e)---Appeal against acquittal---Both trial Court and Appellate Court had passed impugned on merit and counsel for appellant could not point out any illegality in impugned ---In absence of any illegality appearing on record, appeal against acquittal could not be converted into revision nor appellant was entitled to maintain appeal as an aggrieved person within the meaning of S.417(2-A), Cr.P.C. 2006 PCr.LJ 766; 2006 YLR 354 and 2001 PCr.LJ 2001 ref. THIS ORDER PASSED BY: MUNIB AHMAD .KHAN, J.--- At the very first hand, the learned State Counsel has objected to the maintainability of this Acquittal Appeal filed under section 417(2-A), Cr.P.C. on the ground that the appellant is not an aggrieved person as he was not the complainant. He submits that the case was filed by State through police official, therefore, it can be only State who can file appeal in the case which was registered under section 13(e) of the Arms Ordinance. He has relied upon 2006 PCr.LJ P-766 and 2006 YLR 354. On the other hand, learned counsel for the appellant submits that the appeal is very much maintainable as applicant is aggrieved person as the case in hand is linked with the main murder case and that at the initial stage the applicant was convicted by the trial Court but in appeal, has been acquitted by the appellate Court. He has relied upon 2001 PCr.LJ 2001. The apprehension of the learned counsel is that acquittal of the accused persons in this case will influence the mind of the trial Court which is seized of the main case under section 302, P.P.C. but it has no force as each and every case is to be decision dated: its merit based upon the evidence brought before it. The Court trying…

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