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Showing posts with the label criminal appeal expert

In case of acquittal, accused becomes entitled to all relief consequent upon to his acquittal

  PLJ 2021 Cr.C. 1145 [Balochistan High Court, Quetta] Present :  Muhammad Hashim Khan Kakar , J. BISMILLAH--Appellant versus STATE--Respondent Crl. A. No. 34 of 2020, decided on 15.10.2020. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 410-- Pakistan  Penal Code, (XLV of 1860), S. 324--Criminal appeal-- Held:  It is by now settled that acquittal is acquittal whether it is on basis of a declaration by a Court on conclusion of trial that someone is not guilty of charge or at any stage Wider Section 249-A or 265-K, Cr.P.C. or on basis of compromise under Section 345, Cr.P.C.-- In view of dictum laid down by Hon’ble Supreme Court in aforementioned case, which was reiterated in Suo Muto case No. 3 of 2017, no distinction can be drawn between an acquittal on basis of compromise in compoundable offences or an acquittal by way of benefit of doubt--consequences in each case would be same--In context of provisions of Section 345 (6), Cr.P.C. effect of an acquittal record...