Law: Criminal Procedure Code (V of 1898)

Section: 417(2-A)

Law: Penal Code (XLV of 1860)

Section: 420/468/471/218/34

Law: Prevention of Corruption Act, 1947

Section: 5(2)

(a) Appeal (Criminal)--- ----Right of appeal, exercise of---Principles---Where the special law is silent with regard to the right of filing an appeal, such right cannot be inferred by way of implication on the basis of general law---Appeal is purely a creature of statute and unless a right of appeal is clearly and expressly given by the statute, it does not exist, nor is there any scope for inferring such right by implication. 2007 CLC 1902; Syed Masroor Shah and others v. The State PLD 2005 SC 173; Habib Bank Ltd. v. The State and others 1993 SCMR 1853; Faiz-ur-Rehman v. The State and others PLD 2002 Pesh. 6; Ashiq Muhammad and others v. Khuda Baksh and others PLD 1998 Pesh. 68 and Abdul Qayyum v. Aziz-ur-Rehman Shah 2004 PCr. LJ 422 ref. (b) Pakistan Criminal Law Amendment Act (XL of 1958)--- ----S.10(2)---Criminal Procedure Code (V of 1898), S. 417(2-A)---Penal Code (XLV of 1860), S. 420/468/471/218/34---Prevention of Corruption Act (II of 1947), S. 5(2)---Cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, public servant framing incorrect record or writing with intent to save person from punishments or property from forfeiture and criminal misconduct---Appeals against acquittal---Maintainability---Appeal against the order of acquittal passed by Special Judge, Anti-Corruption, only be filed by the Public Prosecutor under S. 10(2) of the Pakistan Criminal Law Amendment Act, 1958, with the prior permission of the Central Government and not by a private person---Provisions of S. 10(2) of Pakistan Criminal Law Amendment Act, 1958, had minimized the scope of S. 417, Cr.P.C. by ousting the right of appeal by a private or aggrieved person to file appeal against the order of acquittal passed by the Special Judge---Right of appeal against acquittal under S. 417(2-A), Cr.P. C. had not been extended to cases decided by Special Courts and thus, the right of appeal given to aggrieved person against the order of acquittal under S. 417(2-A), Cr. P. C. could not be extended to private persons---Once the legislature itself had not provided right of appeal to the private person the same could not be…

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