Law:

Section:

(a) Suppression of Terrorist Activities (Special Courts) Act (XV of 1975)---.--- ---.----S. 7---.---Anti-Terrorism Act (XXVII of 1997), Ss.18 & 25---.---Criminal Procedure Code (V of 1898), S.492---.---Appeal---.---Assistant Advocate General---.---Locus standi to file appeal---.---Scope---.---Objection was raised to maintainability of appeal on the ground that appeal filed by Assistant Advocate General was not filed by competent person---.---Validity---.---At the relevant time Advocate General and Assistant Advocate General were conducting cases on behalf of the State before High Court, therefore, it was presumed that Assistant Advocate General was duly empowered to file appeal---.---Objection was overruled in circumstances. (b) Criminal Procedure Code (V of 1898)---.--- ---.----S. 265-K---.---Power of court to acquit accused at any stage---.---Discretion---.---Scope---.---Discretion is surely available with court before whom case is pending for adjudication but same is to be exercised with due care and caution and within the parameters provided under S.265-K, Cr.P.C. (c) Criminal Procedure Code (V of 1898)---.--- ---.----S. 265-K---.---Acquittal of accused---.---Principle---.---Determining factor for acquittal is non-existence of any probability that accused can be convicted of any offence---.---Exercise of discretion under S.265-K, Cr.P.C. must be based on reasons, which are to be recorded by court on the basis of material available on record. (d) Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979)---.--- ---.----S. 17(3)---.---Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), S.7---.---Criminal Procedure Code (V of 1898), S.265-K---.---Acquittal---.---Proceedings at final stage---.---Sufficient evidence available---.---Accused was acquitted under S.265-K, Cr.P.C. by Trial Court---.---Validity---.---Presence of sufficient evidence, coupled with the fact that proceedings were at final stage---.---Trial Court should not have acquitted accused while exercising powers under S.265-K, Cr.P.C. and instead should have concluded proceedings after examining accused, and recording evidence in defence, and decided the case on…

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