Law:

Section:

(a) Criminal Procedure Code (V of 1898)---------S. 265-K---Power of Court to acquit accused---Scope---No embargo had been placed on the powers of the Trial Court to acquit accused at any stage---Such power can be exercised even on the first date of hearing when accused entered appearance, subject, of course, to the condition that Court was satisfied, on the basis of material placed before it, that charge was groundless or that no possibility existed of ultimate conviction of accused. Muhammad Tufail v. Muhammad Suleman PLD 1995 Lah. 293; Yasin Khan Babar v. The State 1995 PCr.LJ 1426 and Muhammad Tahir v. The State 1991 Per. LJ 644 ref. (b) West Pakistan Family Courts Act (XXXV of 1964)----- ----S. 5 & Sched---"Suit for dissolution of marriage" and "suit for jactitation"---Distinction---Marked difference existed between suit for dissolution of marriage and suit for jactitation---In suit for dissolution of marriage, existence of valid marriage was admitted by wife and decree was sought by her for its dissolution from Qazi/Judge Family Court on one or more grounds, enumerated in "Dissolution of Muslim Marriage Act, 1939"---In suit for jactitation, Qazi/Judge Family Court was asked to declare that at no point of time marriage had taken place, thereby putting a permanent restraint on the opponent from claiming the lady to be his lawful wedded wife. (c) Criminal Procedure Code (V of 1898)--- ----S. 265-K---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10---Acquittal of accused---Charge against accused was wholly groundless and no possibility existed of their conviction, even if full-fledged trial was allowed to be held---Trial Court, in circumstances, did not commit any illegality in acquitting accused at the initial stage of case. JUDGMENT This revision petition under Article 203(DD) of the Constitution of Islamic Republic of Pakistan is directed against the order, dated 19-5-2003 passed by the Additional Sessions Judge, Lahore, whereby the application under section 265-K, Cr.P.C. filed by the respondents was accepted and they were acquitted. 2. Relevant facts are that the learned trial Judge, after entertaining the complaint under section…

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