Law: Criminal Procedure Code (V of 1898)

Section: 249A,265K,345,439,517

Law: Penal Code (XLV of 1860)

Section: 302/34

Criminal Procedure Code (V of 1898) Ss. 249 A. 265 K, 345, 439 & 517 Penal Code (XLV of 1860) S.302/34 Acquittal of accused on the basis of compromise Nature cope, status and effect of such acquittal Return of case property ¬accused who was acquitted on the basis of compromise filed application for return of case property/licensed weapons which were taken into possession by police during investigation Said application was dismissed firstly on the ground that the weapons were used in commission of crime and secondly that acquittal of accused being based on compromise and not on merit; accused was not entitled to claim restoration of weapons ¬No evidence was available on record that weapons recovered by police from the accused were actually used in commission of crime Acquittal of accused was acquittal whether it was on basis of declaration by a Court on conclusion of trial that some one was not guilty of charges or at any stage under S.249 A or S.265 K, Cr.P.C. or on basis of compromise under S.345, Cr.P.C. No distinction thus could be drawn between an acquittal by way of benefit of doubt, acquittal on basis of compromise or under S.249 A or S.265 K, Cr.P.C. Whenever a compromise was arrived at with permission of the Court, it had effect of acquittal of accused Accused, acquitted by Trial Court would be entitled to get case property restored Case property was ordered to be delivered to acquitted accused. Dr. Muhammad Islam v. Government of N. W.F.P. and others 1998 SCMR 1993 and 1997 PCr.LJ 500 ref. THIS JUDGMENT DELIVERED BY: M.A. SHAHID SIDDIQUI, JUSTICE:---.--- Through this petition under section 439, Cr.P.C., Ghulam Haider alias Gaami has challenged the legality and propriety of the order, dated 16 10 2001 passed by the learned Sessions Judge Lahore, whereby the application moved on behalf of the petitioner for the return of the case property under section 517(1), Cr. P.C. has been dismissed. 2. The facts of the case, in brief, are that a case under section 302 read with section 34, P.P.C. at Police Station Satto Katla, vide F.I.R. No. 32 of 2001, dated 8 2 2001, for the murder of Imtiaz alias Kaka son of Muhammad Anwar (complainant). During the…

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