Law: Criminal Procedure Code (V of 1898)

Section: 403

(a) Criminal Procedure Code (V of 1898)-------S. 403---Maxim: "Nemo debet bis vexari pro una et eadem causa"--�Connotation---Provision of S.403, Cr.P.C. is based on the Latin maxim Nemo debet bis vexari pro una et eadem causa (no person should be twice disturbed for the same cause) which has led to the development of two common law principles of equity, namely, autre fois acquit (acquitted formally) and autre fois convict (convicted formally).(b) Criminal Procedure Code (V of 1898)----------S. 403---Double jeopardy, principle of---Applicability---Pre-condition enlisted:Basically following pre-conditions are required to attract S.403, Cr.P.C:--(i) there must have been earlier trial of the accused seeking protection against second trial for the offence charged;(ii) the facts alleged in the earlier trial were the same sought to be proved in the second prosecution/trial;(iii) the trial must have been conducted by a Court of competent jurisdiction; and(iv) the trial must have ended in a of conviction or acquittal.If accused is not the same, the charge is not the same and the facts alleged are distinguishable, then the protection of section 403 Cr.P.C cannot be extended and it cannot be contended that the second trial amounts to double jeopardy.Muhammad Ikram and others v. The State PLD 1965 (W.P.) Lah. 461 and Ch. Tanveer Khan v. Chairman, National Accountability Bureau and others PLD 2002 SC 572 rel.(c) Criminal Procedure Code (V of 1898)----------S. 403---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Quashing of judicial inquiry proceedings---Double jeopardy, principle of---Maxim autre fois acquit (acquitted formally) and autre foil convict (convicted formally)---Applicability---Petitioner was complainant in the case registered against murder of three persons---Subsequently, respondent being sister of one of the victims of the incident alleged that it was a fake police encounter in which her brother was murdered by the petitioner---High Court directed the concerned Magistrate to inquire into the matter---In the inquiry conducted by the Magistrate, the petitioner was found guilty of the offence of murder as alleged by the respondent and…