Law: Criminal Procedure Code (V of 1898)

Section: 265-K

(a) Criminal Procedure Code (V of 1898)--- ---S. 265-K---Purpose of S.265-K, Cr.P.C.---Power of court to acquit accused---Trial Court under S.265-K, Cr.P.C., had no doubt the jurisdiction to acquit an accused at any stage of the case, but a big rider was attached to the exercise of that discretion---Firstly both the parties had to be heard; and secondly the court, after considering the pros and cons of the controversy, should come to the conclusion that there was no possibility of accused being convicted of any offence---Legal effect of accepting of application under S.265-K, Cr.P.C., would be clean acquittal of accused and not enlarging him on interim bail, to secure attendance at the trial---Section 265-K, Cr.P.C. was an exception to the general rule relating to trial of cases under the Code---Said provision had to be construed strictly---Trial Court was under an obligation to record reasons to justify the inference that in all probability the verdict of guilt would not be returned---Proceedings under S.265-K, Cr.P.C. were summary in nature---There had to be judicious exercise of discretion under S.265-K, Cr.P.C. and depriving a complainant to prove his case through oral or documentary evidence, was not fair exercise of jurisdiction---Stifling the prosecution was not the purpose of S.265-K, Cr.P.C. Syed Mushtaq Hussain Shah Bokhari v. The State and another PLD 1981 SC 573; Syed Ahmed v. State PLD 1958 SC (Pak) 21; The State v. Mir Nabi Bukhsh Khan Khoso and another 1986 PCr.LJ 11J0; Khawaja Zulfiqar Ali v. The State 1992 MLD 265 and The State v. Azim Malik PLD 2005 SC 686 ref. (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S. 12---Penal Code (XLV of 1860), S.377---Relevancy of the opinion of Investigator---Relevancy of the opinion of an investigator would depend upon the soundness of the material on which it was based---Trial Court, in circumstances, must rest its opinion on the nature of accusation and the quality of evidence that the prosecution intended to produce at the trial as well as other factors surrounding the occurrence or available on the record of the case---Trial Court should not be satisfied with the ipse dixit of…

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