Law:

Section:

(a) Interpretation of statutes------ Alteration of law during the pendency of an action---Effect---When the law is altered during the pendency of an action, the rights of the parties are decided according to the law as it existed when the action was begun unless the new statute shows a clear intention to vary such rights. State v. Muhammad Jamil PLD 1965 SC 681 ref. (b) Criminal Procedure Code (V of 1898)----S. 417(2-A)---Penal Code (XLV of 1860), Ss.420/448/34---Constitution of Pakistan (1973); Art.185(3)---Effect of insertion of subsection (2-A) in S.417, Cr.P.C. on the pending proceedings---Acquittal of accused by the Sessions Court having taken place long after a right of appeal accrued to the aggrieved person, same would not relate back to the date of prosecution--­Undoubtedly; there was no substantive right vesting in the accused which could be said to be adversely affected by the amendment in law making a provision for a right of appeal at the instance of an aggrieved person;-­Amendment introduced in S.417, Cr.P.C. being essentially of procedural character would operate retrospectively and affect all pending cases, for neither any right of accused person was taken away, nor the ends of justice defeated by retrospective application of the provision---Even if the amended provision was applied prospectively, case of the accused was fully covered by it---Neither any right had accrued to the accused, nor was the same taken away by reason of filing of acquittal appeal at the behest of the complainant---No miscarriage of justice appeared to have been occasioned by entertaining acquittal appeal against the of acquittal---View taken by High Court was neither contrary to law, nor in violation of the settled principles for interpretation of statutes---Leave to appeal was refused to accused by Supreme Court accordingly. Ghazi v. State PLD 1962 Lah. 662; Essential Industries v. Central Board.of Revenue PLD 1969 Lah. 24; Mir Hassan v. State PLD 1969 Lah. 786; State v. Muhammad Jamil PLD 1965 SC 681; S.M. Yusuf & Brothers v. Muhammad Mehdi Pooya PLD 1965 SC 15; Nabi Ahmad v. Home Secretary, Government of West Pakistan PLD 1969 SC 599; PIA Corporation v. Pak Saaf…

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