Law: Pakistan Penal Code, 1860

Section: 302,324,148,149,304

Law: Criminal Procedure Code (V of 1898)

Section: 345(6)

Law: Representation of the People Act, 1976

Section: 99,14(5)

Law: Anti Terrorism Act, 1997

Section: 7,11EE

(a) Constitution of Pakistan (1973)--- ----Arts. 62, 63 & 199---Representation of the People Act (LXXXV of 1976), S.99---Constitutional petition---Objections to the candidature of the petitioner (aspirant to become member of the Provincial Assembly) was that he was convicted and sentenced to death on six counts in respect of offences under Ss.302/324/148/149, P.P.C. read with S.7, Anti-Terrorism Act, 1997 and though he was acquitted in the said case on the basis of a compromise yet it did not absolve him of the sin 'committed by him and that candidate remained involved in anti-social activities which barred him to be elected as a member of the Assembly under Arts. 62 & 63 of the Constitution read with S.99 of the Representation of the People Act, 1976---Validity---Held, after getting clean acquittal, though on the basis of a compromise, the petitioner did not carry any stigma, which might disqualify him from contesting elections and thus could not have been thrown out of election ring just on the ground that his acquittal in a murder case was not on merits rather it was result of compromise. Blacks' Law Dictionary (6th Edn.); Ghulam Haider alias Gaami v. The State 2003 PCr.LJ 12 and Dr. Muhammad Islam v. Government of N.-W.F.P. through Secretary, Food, Agriculture, Livestock and Cooperative Department, Peshawar and 2 others 1998 SCMR 1993 ref. Ch. Sabir Hussain v. Mirza Mushtaq Ahmad and 3 others 2001 YLR 2454 and Ahsanullah Prince and others v. District Returning Officer, Guji.at and others 2006. PSC 256 distinguished. (b) Criminal trial--- ----"Acquittal"---Connotation---Word ".acquittal" having not been defined in the Criminal Procedure Code, 1898, it would have its ordinary meaning. Blacks Law Dictionary (6th Edn.) ref. (c) Criminal Procedure Code (V of 1898)--- ---S. 345(6)---Acquittal on the basis of compromise---Implication---Acquittal is acquittal, whether it is on the basis of a declaration by a court on the conclusion of the trial that some one is not guilty of the charge or on the basis of compromise under S.345(6), Cr.P.C. In the absence of any other interpretation, the acquittal, is acquittal, whether it is on the basis of a declaration by…

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