Law: Criminal Procedure Code (V of 1898)

Section: 265-K,342,417

Law: Pakistan Penal Code, 1860

Section: 34,201,302

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 417/265-K--Pakistan Penal Code, (XLV of 1860), Ss. 302/34/201--Appeal against acquittal--Accused/Respondents have been acquitted even without recording statement U/S 342, Cr.P.C.--Double presumption of innocence--Grounds mentioned, reasons discussed and conclusion arrived at by the trial Court with respect to acquittal of accused/ Respondents are perfectly in accordance with law and record of the case--Impugned order is not capricious, fanciful, perverse or arbitrary--Instant appeal is without merits and the same is dismissed. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 265-K--Trial Cases has been empowered to acquit the accused at any stage, Even without recording of statements of the accused under Section 342, Cr.P.C.--If no incriminating material is available on record then nothing is to be put to accused under Section 342, Cr.P.C. and his straightaway acquittal while exercising the powers under Section 265-K Cr.P.,C. by the Trial Court is true intent of the law. PLD 1997 SC 275 ref. Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Presumption of correctness is always attached in favour of judicial proceedings. 2004 SCMR 964 ref. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 265-K--Written application under Section 265-K, Cr.P.C. is necessary to file--Trial Court can exercise powers under Section 265-K, Cr.P.C. on the oral request of the accused or of its own. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 417--Impugned order is not capricious, fanciful, perverse or arbitrary. It is trite of law that without these factors, order of acquittal cannot be interfered. PLD 1985 SC 11; PLD 2006 SC 427 ref. Double presumption of innocence-- ----After acquittal, accused attains double presumption of innocence. 2009 SCMR 803 ref. THIS ORDER PASSED BY: FAROOQ HAIDER, JUSTICE---.--- Through this criminal appeal filed under Section 417, Cr.P.C., appellant Mst. Parveen Bibi has called in question the judgment dated 28.04.2010 passed by learned Addl. Sessions Judge, Bahawalnagar, whereby Respondents Nos. 1 to 4 have been acquitted in private complaint under Sections 302, 34, 201, PPC. 2. Learned counsel for…

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