PCRLJ 2008

2008 P Cr (PLP)

PERVAIZ KHAN — Appellant Versus Shaikh RAIS and 3 others — Respondents

Jurisdiction / Court
Karachi
Decided Date
2007-July-24
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 2008 P Cr (PLP)
Forum / Court Karachi
Bench Members N/A
Parties PERVAIZ KHAN — Appellant Versus Shaikh RAIS and 3 others — Respondents
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2008 P Cr (PLP)?

This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2008 P Cr (PLP)?

The case was heard and decided by the Karachi bench comprising: N/A.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2008 P Cr (PLP) (PERVAIZ KHAN — Appellant Versus Shaikh RAIS and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • Mehmood A. Qureshi for Respondents.

Headnotes / Summary

S. 417(2-A)

Appeal against acquittal

Appeal against acquittal was admitted and allowed by the High Court and impugned judgment was set aside and case was remanded to the Trial Court. with direction to re-hear the parties on merits of the case, together with the medical evidence and to decide the case afresh, particularly keeping in view the case-law to the effect that medical evidence was only confirmatory in nature; if ocular evidence produced on the record of the case would inspire confidence, the medical evidence whatsoever, could not be allowed to destroy the same.

Judgment & Decree

AZIZULLAH M. MEMON, J.

Heard learned counsel for the parties. Learned counsel for the private respondents has cited 1992 SCMR 1592, 2003 SCMR 1419/1431, PLD 1994 SC 879, 1992 SCMR96, PLD 1985 SC 11, 1994 SCMR 1928, 2006 SCMR 1217, 2002 SCMR 261, 2004 SCMR 923 and 2005 YLR 1894. For the reasons to be recorded in the detailed judgment, this criminal acquittal appeal is admitted as well allowed; impugned judgment is set aside and the case stands remanded to the trial Court with direction to rehear the parties on merits of the case, together with the medical evidenced and to decide the case afresh, particularly keeping in view the case-law to the effect that medical evidence would be only confirmatory in nature, and if ocular evidence, produced on the record of the case, inspires the confidence, the medical evidence whatsoever cannot be allowed to destroy the case. H.B.T./P-23/K Order accordingly.