Law:

Section:

(a) Interpretation of Constitution-- ---- Fundamental Right---To render effective a Constitutional provision which guarantees a fundamental right, it has to be given a broad and liberal interpretation---Restrictive or procedural interpretation is likely to destroy rather than safeguard such right having bearing on liberty of an individual. (b) Penal Code (XLV of 1860)-- ----5. 411/468---Prevention of Corruption Act (II of 1947), S.5(2)--Constitution of Pakistan (1973), Art. 13---Criminal Procedure Code (V of 1898), 5.403---Protection against double punishment---Conviction for the second time on the same facts, not legal---Accused had been convicted and sentenced by the Special Judge, Anti-Corruption under 5.411/468, P.P.C. read with S.5(2) of the Prevention of Corruption Act, 1947 in a case registered for theft of a motorcycle---Earlier accused had already been tried and acquitted by the Magistrate in a case registered regarding the theft of the same motorcycle under S.379, P.P.C. and S.14 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979---Held, Art.13 of the Constitution had offered a complete protection to the accused and the Exceptions set out in 5.403, Cr.P.C. as such could not be read to whittle down the effect of the Constitutional guarantee---Accused having once been acquitted by a Court of competent jurisdiction and such finding having attained finality, his conviction on the same facts again by the Special Judge, Anti-Corruption, was not permissible--Accused was acquitted accordingly. Legal Maxims by P.Sreenevasrow 1873; Muhammad Niaz v. Martial Law Administrator PLD 1979 Quetta 179; Maqbool Hussain v. State of Bombay 1963 SC SCR 730; Venkataraman v. State of India 1954 SC SCR 115; Kalaweati and another v. The State of Himachal Pradesh AIR 1953 SC 131; Muhammad Ishaque v. The State 1992 PCr.LJ 1273; Muhammad Akram v. Government of Punjab PLD 1979 Lah. 462; Pir Bakhsh's case 1979 PCr.LJ 24; Tassawar Hussain v. State 1986 PCr.LJ 2218; Zar Badshah Masood v. Commandant/Magistrate Ist Class and another 1985 PCr.LJ 499; Sherin Bacha and others v. Namoos Iqbal and 3 others PLD 1993 SC 247; Law Terms and Phrases Judicially Interpreted…

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