Law: Criminal Procedure Code (V of 1898)

Section: 517

(a) Criminal trial AcquittalWhether it is on the basis of a declaration by a court on the conclusion of the trial that someone is not guilty of the charge or at any stage under S.249A or 265K, Cr.P.C. or on the basis of compromise under S.345, Cr.P.C. it was acquittal. Manzoor Hussain Jatoi v. State 1997 PCr.LJ 500 and Muhammad Islam v. Government of N.W.F.P., 1998 SCMR 1993 rel. (b) Criminal Procedure Code (V of 1898) S.517Order for disposal of property regarding which offence committedAccused was booked in a criminal case registered under S.324, P.P.C., he was tried and after accepting an application under S.345(2), Cr.P.C., was acquitted, however the case property, pistol, was ordered to be confiscated in favour of State and the licence to be cancelledValidityNo distinction could be drawn between an acquittal on the basis of compromise in compoundable offences or an acquittal by way of benefit of doubt, consequences in each case would be the sameIn the context of the provisions of S.345(6), Cr.P.C., the effect of an acquittal recorded by a court on the basis of a successful and complete compounding of a compoundable offence shall include all the benefits and fruits of a lawful acquittalIn case of acquittal, the accused became entitled to all the reliefs consequent upon to his acquittal including the release of his property seized by the police during the investigation of the caseSince the accused was acquitted of the charge in view of the compromise effected between the parties, as such, accused was entitled to get the case propertyAppeal was allowed by setting aside the impugned order and case property was ordered to be delivered to the accused after due verification of the licence by the issuing authority. JUDGMENT MUHAMMAD HASHIM KHAN KAKAR, J. Through this appeal under section 410, Cr.P.C. the appellant viz. Bismillah has challenged the legality and propriety of the order dated 27th August, 2020 (the impugned order), passed by the learned Additional Sessions judge, Ziarat (the Trial Court) in Sessions Case No.02 of 2020, regarding the case property which reads as under: Case property pistol bearing No.EE4972 AP7.65 licensed one is confiscated in favour…

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