Law:

Section:

Penal Code (XLV of 1860)--- ----Ss.302/452---Criminal Procedure Code (V of 1898), Ss.417(2-A), 249-A & 265-K--Qatl-e-amd and house-trespassing---Appeal against acquittal---Trial Court on date fixed on the application of accused persons filed under S.265-K, Cr.P.C., without recording any evidence had acquitted accused persons just relying on the findings of different Police Officers who in their investigation had found them innocent---Ipse dixit of the Police regarding guilt or innocence of accused was not admissible in evidence---Sufficient material was available on file. to proceed with the trial against accused persons---Twelve prosecution witnesses had joined the investigation and their statements under 5.161, Cr.P.C. had also been recorded by the Investigating Officer---Evidence so recorded prima facie contained the material which connected accused with the crime---Verdict of Trial Court regarding the acquittal of accused persons without recording of all that evidence, was premature in the circumstances of the case---Trial Court no doubt had jurisdiction to acquit an accused at any stage of the case on the relevant provision of law was very much clear on the subject, but it was also well settled that S.249-A and S.265-K, Cr.P.C. were an exception to the general rule---Said provisions being of utmost importance had to be construed very strictly---Depriving a complainant to prove his case through the evidence, collected during the investigation without strong and exceptional reasons, was not proper and fair exercise of jurisdiction---Acquittal of accused persons in the case under S.265-K, Cr.P.C., was unwarranted and not tenable, in circumstances---Judgment passed by the Trial Court was set aside and case was remanded to the Trial Court to decide the matter afresh in accordance with law. JUDGMENT MUHAMMAD ANWAARUL HAQ, J.---This appeal is directed against the judgment dated 14-11-2000 passed by the learned Additional Sessions Judge, Kharian, District Gujrat, whereby, respondents Nos. 2 to 5 were acquitted under section 265-K, Cr.P.C. from case F.I.R. No. 217 dated 20-4-1998, under sections 302/452, P.P.C. read with section 34, P.P.C., Police Station…

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