| Citation(s) |
|---|
| 2020 SLG 370 2020 SLD 370 2020 PLD 146 |
Supreme Court of Pakistan
Criminal Appeals Nos. 120, 121 and 122 of 2019 and CriminalMisc. Application No. 1273 of 2018, decision Dated:10-01-2020. Hearing Dated: 08-05-2019. (On appeal againstjudgment Dated 11-6-2018 of the Islamabad High Court,Islamabad passed in Criminal Ap
MUSHIR ALAM, IJAZ UL AHSAN, JUSTICE YAHYA AFRIDI, JUSTICE
Petitioner(s) by: Raja Rizwan Abbasi, Advocate Supreme Court (in Criminal Appeal No.120 of 2019).Raja Muhammad Farooq Advocate Supreme Court (in Criminal No.122 of 2019).
Respondent(s) by: Tariq Mehmood Jahangiri, A.G. (in Criminal Appeals Nos. 120 and
Criminal Appeals Nos. 120, 121 and 122 of 2019 and CriminalMisc. Application No. 1273 of 2018, decision Dated:10-01-2020. Hearing Dated: 08-05-2019. (On appeal againstjudgment Dated 11-6-2018 of the Islamabad High Court,Islamabad passed in Criminal Ap
MUSHIR ALAM, IJAZ UL AHSAN, JUSTICE YAHYA AFRIDI, JUSTICE
Petitioner(s) by: Raja Rizwan Abbasi, Advocate Supreme Court (in Criminal Appeal No.120 of 2019).Raja Muhammad Farooq Advocate Supreme Court (in Criminal No.122 of 2019).
Respondent(s) by: Tariq Mehmood Jahangiri, A.G. (in Criminal Appeals Nos. 120 and
RAJA KHURRAM ALI KHAN AND 2 OTHERSVSTAYYABA BIBI AND ANOTHER
Law: Criminal Procedure Code (V of 1898)
Section: 340(2),382-B,411A,411A(1)(2),418,423,435 ,439,561A
Law: Pakistan Penal Code, 1860
Section: 201,328A,337A(i),337-F(i),337(Y),506
Law: Qanun-e-Shahadat (10 of 1984)
Section: 3,17,71,117,122
Law: Constitution of Pakistan, 1973
Section: 185,187,199(5)
(a) Criminal Procedure Code (V of 1898)--- ----S. 411-A(1)---Constitution of Pakistan, Art. 185---Conviction and sentence passed by the Single Bench of the High Court---Appeal before the Division Bench of the High Court, right of---Scope---Only a convict had a right of appeal before the Division Bench of the High Court to challenge the conviction and sentence passed by the Single Bench of the High Court in its original criminal jurisdiction under the sub-section (1) of S.411-A, Cr.P.C., and that too, in three circumstances; firstly, as a matter of right "on a question of law" (under clause a); secondly, with the leave of the Court, on a question of fact or on a mixed question of law and fact (under clause b); and thirdly, with the leave of the Court, where the law had not provided any fixed quantum of sentence (under clause c)---Said right of appeal of the convict before the Division Bench of the High Court under subsection (1) of S.411-A, Cr.P.C. was subject to the condition that he had no remedy to challenge the decision passed by the Single Bench of the High Court, before the Supreme Court under Art.185 of the Constitution, 1973. (b) Criminal Procedure Code (V of 1898)--- ----S. 411-A(2)---Provincial Government---Appeal before the Division Bench of the High, right of---Provincial Government had a right of appeal under subsection (2) of S.411-A, Cr.P.C. to file an appeal before the Division Bench of the High Court, against an order of acquittal of an accused passed by the Single Bench of the High Court in exercise of original criminal jurisdiction. (c) Appeal--- ----Substantive right---Right of appeal was a substantive right, which could only be granted by an express provision of an enactment, and could not be inferred or implied therefrom. (d) Criminal Procedure Code (V of 1898)--- ----Ss. 411-A, 423, 435, 439 & 561-A---Sentence passed by a Single Bench of the High Court in its original criminal jurisdiction---Enhancement of sentence by Division Bench of the High Court---Permissibility---Legislature had not provided any right to the State or the complainant to seek the enhancement of the sentence passed by the Single Bench of the High Court under any…
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