Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 249-A, 265-K & 417--Pakistan Penal Code, (XLV of 1860), S. 161--Prevention of Corruption Act, 1947, S. 5(2)--Appeal against acquittal--Special judge--Statement on oath exonerating--Not supporting prosecution case and turning hostile--Signature and thumb impression were obtained on blank paper--Validity--It is settled principle that precedents in a criminal case cannot be applied strictly as each criminal case has its own peculiar facts and circumstance--Special judge under PCA had no jurisdiction to entertain an application to acquit an accused at any stage--It cannot be presumed that complainant gave false evidence in Court, as factually complainant had no grievance against accused and his actual grievance was against senior--No illegality in impugned order--Appeal was dismissed. Pakistan Criminal Law (Amendment) Act, 1958 (XL of 1958)-- ----S. 6(3)--Special judge--Jurisdiction, powers and procedure of trial Court--Under Section 6(3) of Pakistan Criminal Law Amendment Act, 1958, "provision of Chapter XX of Cr.P.C. shall apply to trial of cases in so far as they are not inconsistent with provisions of Act," meaning that special judge will have powers of a magistrate as defined in Chapter XX ofCr.P.C. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 249-A & 265-K--Typographical error--Special judge--Acquittal of accused--Powers under Section 249-A, Cr.P.C. and 265K,Cr.P.C. are same, only difference being that 249-A, Cr.P.C. is exercised by magistrate while 265-K, Cr.P.C. is exercised by Session Judge--State counsel has not denied that special judge has ample of powers under Section 249-A, Cr.P.C. to acquit an accused at any stage. ORDER This appeal against acquittal has been filed by the State against the Order dated: 13.01.2012, passed by the Special Judge Central, Lahore, whereby respondent/Syed Aamir Shabbir was acquitted from the charges leveled against him in case FIR No. 7/2010 dated:26.3.2010, offences under Section 161, PPC read with 5(2)47 PCA, registered at Police Station FIA ACC, Lahore, by accepting his application filed under Section 265K, Cr.P.C. 2. Brief facts, of the case are that the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492