Leave to appeal against acquittal

2019 PLD 476 ISLAMABAD Judicial Precedent

S.6(5)Rules under Muslim Family Laws Ordinance, 1961, R.21Second marriage without permission from first wifeLeave to Appeal against acquittalResident of Azad Kashmir, status ofJurisdiction of court

Private complaint was filed against accused (husband) by his first wife on allegations of contracting second marriage without her permission

Trial Court convicted accused but Lower Appellate Court set aside conviction on grounds that provisions of Muslim Family Laws Ordinance, 1961 were not applicable to accused as he was resident of Azad Jammu and Kashmir

Validity

Accused, regardless of his place of residence, held national identity card issued to him by authority under National Database and Registration Authority Ordinance, 2000

As long as national identity card remained valid and subsisting, accused could not claim to be a person who was not a citizen of Pakistan

Marriage was contracted between parties duly registered in Islamabad and therefore, to the extent of complainant, cause of action in context of S.6 of Muslim Family Laws Ordinance, 1961 had arisen in Islamabad

Lower Appellate Court did not take into consideration legal provisions of various statutes

High Court converted petition seeking special leave to appeal filed by Complainant into appeal and judgment passed by Lower Appellate Court was set aside

High Court remanded matter to Lower Appellate Court for deciding appeal afresh

Appeal was allowed accordingly.

2013 YLR 988 ISLAMABAD Judicial Precedent

Ss.420, 468, 471Criminal Procedure Code (V of 1898), Ss. 249-A, 417 (2)Cheating, preparation and use of forged documentsLeave to appeal against acquittalCivil suit, pendency of

Complainant filed private complaint against accused persons but Trial Court acquitted them in exercise of powers under S.249-A, Cr.P.C., on the ground that original sale agreement was not on record and civil suit was also pending in civil court

Validity

Police should have investigated genuineness of sale agreement and receipt of payment but it was not done and at such time when civil suit was already pending, no finding could be given which might cause prejudice to case of either party

Order passed by Trial Court was that of acquittal of accused persons and had no bearing on merits of civil suit, because issues would be decided on the basis of evidence produced before civil court having its own procedure of proving/ disproving documents

Order passed by Trial Court did not warrant interference and High Court declined to grant leave to appeal

Petition was dismissed in circumstances.

1983 SCMR 102 SUPREME-COURT Judicial Precedent

Art. 185(3)-Leave to appeal against acquittal-Notice issued to respondents on points, among others, that testimony of a passer by stated to be independent witness furnished direct evidence of dying declaration against accused as also corroborated ocular evidence, that on accused having contemporaneous injuries such constituted circumstantial evidence against him, that one accused had a strong motive, and that sufficient evidence existed for examination against respondents in State appeal against acquittal.