Law: Penal Code (XLV of 1860)

Section: 342,448/34

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)----   ---Ss.342 s 448/34--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal granted to consider whether the High Court had exercised its discretion on correct principles to remand the case for retrial particularly when the District Magistrate had refused to accord sanction to file the State appeal.   (b) Criminal trial---   --- Remand--Considerations to be kept in view stated.--[Remand;.   The exercise of discretion must be in accordance with the dictates of justice and not arbitrary and fanciful, while holding at the same time that the Legislature itself does not define the limits or the grounds for the exercise of a discretion, but that regard should be had to the trial Courts view of the evidence, the nature of the error committed, the magnitude of apprehended miscarriage or failure of justice, the possibility and extent of. prejudice to the accused, the chances of conviction, and the expenses of a retrial.   Where the prosecution witnesses are affected by partisanship, or their evidence gives rise to doubts of a reasonable character, or there are circumstances which do not support the prosecution case, and may lend support to the defence case, so as to render the defence version a possible one, there to remand the case for a retrial may amount merely to presenting a doubtful prosecution case before a Court of first instance for another opinion.   The governing consideration must always be whether, in relation to the proved facts and circumstances,  justice has been done in accordance with law. In particular, full weight must be given (1) to the fact that the appreciation of evidence by the trial Court is based upon the Court having seen and heard the witnesses, and (2) that the fact of that Court having given the accused the benefit of any doubt serves to emphasise the need of giving full weight to the principle in the re-appraisement of the evidence that is necessitated by the appeal.   Anwar and another v. The Crown P L D 1955 F C 185; Abdur Rashid v. The State P L D 1962 S C 249 and Abdur Rashid Khondkar v. Chandu Matbar P L D 1964 S C 795 ref.   (c) Criminal trial--…

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