| Citation(s) |
|---|
| 2018 SLG 219 2018 SLD 219 2018 PCRLJ 34 |
Supreme Court (AJ&K)
Criminal Appeals Nos. 26 and 46 of 2016, decision Date : 24-05-2017. ( (On appeal from the judgment of the High Court Dated 02.02.2016 in Cr.A. No. 06 of 2013) hearing Date : 23rd May, 2017.
RAJA SAEED AKRAM KHAN, JUSTICE, GHULAM MUSTAFA MUGHAL, JUSTICE
Mehmood Hussain Chaudhary, Advocate for the State (in Cr.A. No. 26 of 2016). Raja Inamullah, Advocate for
Respondents (in Cr.A. No. 26 of 2016). Sh. Masood Iqbal, Advocate for Appellant (in Cr.A. No. 46 of 2016). Raja Inamullah, Advocate for
Respondent
Criminal Appeals Nos. 26 and 46 of 2016, decision Date : 24-05-2017. ( (On appeal from the judgment of the High Court Dated 02.02.2016 in Cr.A. No. 06 of 2013) hearing Date : 23rd May, 2017.
RAJA SAEED AKRAM KHAN, JUSTICE, GHULAM MUSTAFA MUGHAL, JUSTICE
Mehmood Hussain Chaudhary, Advocate for the State (in Cr.A. No. 26 of 2016). Raja Inamullah, Advocate for
Respondents (in Cr.A. No. 26 of 2016). Sh. Masood Iqbal, Advocate for Appellant (in Cr.A. No. 46 of 2016). Raja Inamullah, Advocate for
Respondent
STATE THROUGH ADDITIONAL ADVOCATEGENERAL, AZAD JAMMU AND KASHMIR, MUZAFFARABAD
VS
RUSTAM KHAN AND 13 OTHERS CRIMINAL APPEAL NO. 46 OF 2016 MANZOOR AHMED BUTT VS RUSTAM KHAN and 14 others
Law: Criminal Procedure Code (V of 1898)
Section: 417,417(2)
Law: Penal Code (XLV of 1860)
Section: 221,222,223,225-B,109
(a) Criminal Procedure Code (V of 1898)--- ----S. 417---Appeal against acquittal---Appeal by Additional Advocate-General on behalf of the State---Competence---Accused were acquitted by the Trial Court under S. 265-K, Cr.P.C.---Appeal was dismissed on the ground that the same was not filed by the competent person---Validity---Section 417(1), Cr.P.C. was fully applicable to the present case, which clearly manifested that for the purpose of filing appeal against acquittal, Government could only appoint the Public Prosecutor---Additional Advocate-General did not come within the purview of the "Public Prosecutor" within the meaning of S. 417(1), Cr.P.C. to file appeal against acquittal on behalf of the State---Circumstances established that there was no illegality committed by the High Court while passing the impugned ---Appeal was dismissed accordingly. State through Advocate-General, Sindh v. Hanif Ahmed and others 1994 SCMR 749 and Mst. Aziz Fatima through Advocate-General and another v. The State 1997 PCr.LJ 618 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 221, 222, 223, 225-B & 109---Criminal Procedure Code (V of 1898), S. 417(2-A)---Intentional omission to apprehend on the part of public servant bound to apprehend; intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed; escape from confinement or custody negligently suffered by public servant; resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for; abetment---Appeal against acquittal---Accused were acquitted by the Trial Court under S. 265-K, Cr.P.C.---Appeal against acquittal was filed before the High Court, which was dismissed on the ground of limitation---Prosecution had alleged that High Court fell in error of law while dismissing the appeal on the ground of limitation as limitation against the acquittal order passed without recording evidence under S. 265-K, Cr.P.C., was not thirty days---Validity---Section 417(2-A), Cr.P.C. provided limitation for filing appeal against acquittal order of any court other than High Court, which was thirty days---Said provision did not make any…
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