Law: Criminal Procedure Code (V of 1898)

Section: 265-K,417,417(2)

Law: Arms Ordinance, 1965

Section: 17(3)

Law: Pakistan Penal Code, 1860

Section: 34,411,452

(a) Criminal Procedure Code (V of 1898)--- ----S. 265-k---Acquittal of accused at any stage---Scope---Section 265-K Cr.P.C empowered the Trial Court to acquit the accused at any stage of the proceedings, if after hearing the prosecution and the accused it considered that there was no probability of the accused being convicted of any offence---Legislature, in its wisdom, had not left the question of recording evidence as a condition before taking action under S. 265-K, Cr.P.C. (b) Penal Code (XLV of 1860)--- ----Ss. 452, 411 & 34---Criminal Procedure Code (V of 1898), S. 417---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(3)---Arms Ordinance (XX of 1965), S. 13---House trespass after preparation for hurt, assault, dishonestly receiving stolen property, common intention, haraabah, possessing illicit weapon---Appreciation of evidence---Appeal against acquittal---Accused along with absconding co-accused were charged under S. 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 and Ss. 452/411/34, P.P.C. read with S. 13, Arms Ordinance, 1965, by the complainant; accused were arrested and trial commenced in the Trial Court---Accused, during pendency of trial, were acquitted by the court under S. 265-K, Cr.P.C.---Validity---In the present case, complainant had exonerated the accused persons from commission of offence, therefore, it was futile exercise to linger on criminal proceedings in court, more particularly, the trial will not culminate on conviction of accused persons---Discretion exercised by the Trial Court was based on reasons that there was no probability of the accused being convicted of the offence---Admittedly, the case shall not end on conviction, therefore, proceedings against accused persons would be an abuse of the process of the court---Charged offence was non-compoundable and the Trial Court without invoking the provisions of S. 345 of the Code, for the sake of dispensation of justice had applied S. 265-K, Cr.P.C. for acquittal of the accused persons with plausible reasons reflected in the impugned order---Record showed that there was no infirmity, illegality or perversity in the…

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