1993 PLP 892 (SCMR)
THE STATE‑‑‑Appellant Versus IFrIKHAR AHMAD alias PUPPI and 7 others‑‑‑Respondents
| Citation | 1993 PLP 892 (SCMR) |
| Forum / Court | Supreme Appellate Court |
| Bench Members | Justice Muhammad Rafiq Tarar, Chairman, Justices Raja Afrasiab Khan and Abdul Majid Tiwana, Members |
| Parties | THE STATE‑‑‑Appellant Versus IFrIKHAR AHMAD alias PUPPI and 7 others‑‑‑Respondents |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 1993 PLP 892 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993 PLP 892 (SCMR)?
The case was heard and decided by the Supreme Appellate Court bench comprising: Justice Muhammad Rafiq Tarar, Chairman, Justices Raja Afrasiab Khan and Abdul Majid Tiwana, Members.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1993 PLP 892 (SCMR) (THE STATE‑‑‑Appellant Versus IFrIKHAR AHMAD alias PUPPI and 7 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S.M. Nazim for the State. Muhammad Hussain Chachar for Respondents Nos. 2 and 3.
- Date of hearing: 24th February, 1993.
Headnotes / Summary
‑‑‑‑S.302/34‑‑‑Special Courts for Speedy Trials Act (IX of 1992), S.13(5)‑‑ Appeal against acquittal‑‑‑In the presence of the material collected by the investigating agency Trial Court was not justified to have thrown away the case without affording a fair opportunity to the prosecution to adduce its evidence‑‑ Case was consequently remanded to the Trial Court for proceeding in accordance with law.
Judgment & Decree
JUSTICE MUHAMMAD RAFIQ TARAR, (CHAIRMAN): ‑‑This appeal by the State is directed against the order of the learned Special Court for Speedy Trials Lahore hereby finding "no ground to proceed with the trial so as to frame a regular charge" the respondents were discharged. The respondents were accused for the murders of Anwar and Sarwar, the deceased persons.
2. Learned State counsel submits that there is evidence of last seen against Iftikhar and of extra‑judicial confession against Iltaf Hussain and Muhammad Arif who also named Mahfooz as their associate in the crime. He submits that there was no justification for dropping the proceedings without providing opportunity to the prosecution to produce its evidence.
3. The material collected by the investigating agency against the aforesaid accused persons has been read out before us by the learned State counsel. After hearing him we are in agreement with him that there was no A justification to throw away the case without affording a fair opportunity to the prosecution to adduce its evidence. We, therefore, allow the appeal against Iftikhar, Iltaf Hussain, Muhammad Arif and Mahfooz respondents and remand the case to the trial Court for proceeding in accordance with the law. The appeal against the remaining respondents is dismissed as the learned counsel concedes that the prosecution is not in possession of any evidence against them. N.H.Q./87/SAC " Case remanded.