Law: Pakistan Penal Code, 1860

Section: 302(b),365A,201,218

Law: Constitution of Pakistan, 1973

Section: 185

(On appeal against the , dated 14-5-2003 passed by the Lahore High Court, Lahore, in Criminal Appeal No.671 and Criminal Revision No.400 of 1998). (a) Penal Code (XLV of 1860)---Ss. 302(b) & 365-A---Constitution of Pakistan (1973), Art.185---Appeal to Supreme Court---Concurrent findings recorded by the courts below in regard to the convictions of accused did not suffer from any misreading/non-reading of evidence or any legal infirmity' to warrant interference by Supreme Court---Ample evidence was available on record which proved the prosecution case against the accused and may be, for this reason, he had elected not to press his appeal---Reasons advanced by the courts below for recording convictions against accused were cogent and were based on the evidence available on record---Supreme Court also declined the request of the counsel to reduce the fine ordered by the High Court or to interfere in the order of forfeiture of his property, however, request of the counsel for making sentences of accused concurrent was granted being reasonable. (b) Penal Code (XLV of 1860)--- ----Ss. 201 & 218---Constitution of Pakistan (1972), Art.185---Appeal to Supreme Court---Trial Court had given cogent and convincing reasons in holding the accused persons (doctors) as guilty and for recording their convictions, while the High Court gave no reasons at all and acquitted them of the charge merely on the basis of presumptions without discussing the ample evidence available on record which was discussed in detail by the Trial Court---High Court even did not discard the reasons given by the Trial Court which were cogent---Supreme Court, keeping in view the fact that the accused persons (doctors) had already undergone a lengthy trial and might lose their official positions etc. reduced their sentences as recorded by the Trial Court to that of already undergone and set aside the fines imposed upon them. JUDGMENT M. JAVED BUTTAR, J.--- This judgment shall dispose of the aforesaid appeals arising out of judgment dated 14-5-2003 passed by a Division Bench of the Lahore High Court, Lahore, whereby Criminal Appeals filed by accused/convicts as well as appeals filed by the…

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