Law: Pakistan Penal Code, 1860

Section: 467,468,471,409

Law: Criminal Procedure Code (V of 1898)

Section: 417

Law: Pakistan Criminal Law Amendment Act, 1958

Section: 3,10(2)

Law: Prevention of Corruption Act, 1947

Section: 5(2)

(a) Penal Code (XLV of 1860)--- ----Ss. 467/468/471/409---Prevention of Corruption Act (II of 1947), S.5(2)---Pakistan Criminal Law Amendment Act (XL of 1958), Ss.3 & 10(2)---Criminal Procedure Code (V of 1898), S. 417---Forgery, criminal misconduct---Appeal against acquittal---Maintainability---Appeal had been filed under S.417, Cr.P.C. by a prosecution witness in his private capacity against the order of Special Judge, Anti-Corruption, acquitting the accused---Section 417(1), Cr.P.C. did not furnish any right to a private person to lodge an appeal against an order of acquittal passed by any court other than the High Court---Appellant, in the present case, did not fall in the ambit of expression "aggrieved person" used in S.417(2-A), Cr.P.C.---Prevention of Corruption Act, 1947, is a special law and is silent regarding right of appeal---Right of appeal being a statutory right could not be inferred by implication on the basis of general law, nor could be assumed unless given by the statute---Special Judge is appointed under S.3 of the Pakistan Criminal Law Amendment Act, 1958, and S.10(2) of this Act regulates the filing of appeal against the order of Special Judge---Appeal filed by a private person under S. 417, Cr.P.C. against the of acquittal passed by the Special Judge, Anti-Corruption, therefore was not maintainable and the same was dismissed in limine accordingly. Syed Masroor Shah and others v. The State PLD 2005 SC 173 and Mian Khalid Rauf v. Ch. Muhammad Saleem and others PLD 2006 Lah. 147 ref. (b) Appeal (Criminal)--- ----Right of appeal, exercise of---Principle---Right of appeal is a statutory right which cannot be inferred by implication on the basis of general law, nor it can be assumed unless given by the statute. Syed Masroor Shah and others v. The State PLD 2005 SC 173 and Mian Khalid Rauf v. Ch. Muhammad Saleem and others PLD 2006 Lah. 147 ref. ORDER ABDUS SATTAR ASGHAR, J.---This appeal under section 417, Cr.P.C. is lodged against the judgment dated 14-10-2009 passed by learned Special Judge Anti-Corruption Bahawalpur whereby Zubair Akbar Gill Ex-Water Management Specialist Tehsil Yazman and Sikandar Saeed Supervisor Water Management…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492