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Showing posts with the label islamabad criminal advocate

A miscarriage of justice, which may arise from acquittal of guilty, is no less than from conviction of an innocent

PLJ 2021 Cr.C. 1465 (DB) [Balochistan High Court, Quetta] Present:  Muhammad Kamran Khan Mulakhail and Rozi Khan Barrech,  JJ . CHAIRMAN NAB through Prosecutor General Accountability, NAB HQ, Shahrah-e-Jamhuriat, Islamabad--Appellant versus ZAHOOR TAJ etc.--Respondents Crl. Acquittal Ehtesab Appeal No. 28 of 2019, decided on 26.10.2020. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 265-K & 249-A--Exercise of powers--There is no embargo on appellate Court reviewing evidence, upon which an order of acquittal is based--Generally, order of acquittal shall not be interfered with, because presumption of innocence of accused is further strengthened by acquittal--However, in appeal or revisional proceedings, order of acquittal of accused under Section 249-A or Section 265-K of Cr.P.C. would not have same sanctity as orders of acquittal on merits--Consequently, principles, which are to be observed and applied in setting aside findings of acquittal, or principles, relating to ...

In criminal revision only correctness, legality and propriety of any finding, sentence or order is to be seen

  PLJ 2024 Lahore 362 Present:  Muhammad Tariq Nadeem, J. HAJRA JAVAID MAKHDOOM--Petitioner versus MUHAMMAD TEHMAS NASIR, etc.--Respondents W.P. No. 59534 of 2022, decided on 19.12.2023. Muslim Family Laws Ordinance, 1961 (VIII of 1961)-- ----S. 6(5)--Constitution of Pakistan, 1973, Art. 199--Criminal Procedure Code, (V of 1898), Ss. 249-A/435/439-A--Second marriage without permission--Application for acquittal--Accepted--Criminal revision--Allegation   of--The   application   was   accepted   by Magistrate--The petitioner filed a criminal revision before Court of Sessions Judge which was dismissed--Respondent No. 1 was acquitted mainly on the ground that he had already divorced petitioner before contracting second marriage--Appeal was filed on question of law and facts whereas in criminal revision only correctness, legality and propriety of any finding, sentence or order is to be seen--There was no illegality or perversity in order -- Petition was dis...