Re-Trial

Authority which for gave could withdrew forbearance.

Accused facing vicissitudes of a long trial extending over 6 years and in jail for last 2 years-Re-trial declined in circumstances.

High Court remanding back case to trial Court for a limited purpose-Accused cannot claim right to produce fresh defence evidence except when fresh material or new or altered case be made out on behalf of prosecution in consequence of appellate order of High Court.

Ss. 367, 423 & 439Re-trial-De novo trial-Order of acquittal based on complete record-Re-trial would mean reconsideration of evidence already an record and giving fresh judgment-De novo trial not necessary.

Appellate Court when can order re-trial. If a conviction is to be set aside on the ground of an illegality in the trial, re-trial should not, generally be ordered to enable the prosecution to fill the gaps in their case, nor should a re-trial be ordered where an accused person has already remained in custody for a sufficiently long period in relation to the nature of the offence alleged against him. On the other band an offender is not to be allowed to escape punishment on the ground of technicalities if the evidence on the record discloses a prima facie case against him and there is no question of any undue hardship to the accused person on account of having been in detention for a long period.

Re-Trial Accused already convicted and sentenced in another case of similar nature-Re-trial not ordered.

Re-trial-Mere delay in prosecution-No ground for not ordering re-trial-Accused failing to establish "extreme harassment and mental agony" during intervening period and prosecution delayed because Government for its own satisfaction withholding sanction for sometime-Delay, in circumstances, held, not such as justified refusal to order re-trial-Pakistan Criminal Law (Amendment) Act (XL of 1958), Ss. S (2) & 6 (S).

(Expediency of)-Accused tried on a number of charges (Ss. 344, 373 & 376, P. P. C. of which he wets acquitted by High Court in appeal) but not tried on others disclosed by F. I. R.-High Court refraining from giving any narrative of such charges or arriving at any findings or conclusions-Re-trial ordered on charges which had remained untried-Trial Court's duty to come to an independent conclusion-West Pakistan (Suppression of Prostitution) Ordinance (II of 1961), Ss. S, 6, 8 & 10-[The Crown v. Sultan Mahmood and 9 others P L D 1955 F C 20 distinguished].

Re-Trial -When not to be ordered-Existence of circumstances which do not support prosecution case but which make defence version "possible".

Protracted trial-Order for retrial not justified.

Re-Trial Ordered ab initio where Sessions Judge who held original trial had been raised to Bench of High Court-[Moonda v. The State P L D 1.958 S C (Pak.) 275 considered].

Ordering retrial, held, not justified.

Re-Trial Re-trial-Weaknesses in prosecution story-Delay of more than 2 years since commission of offence-Period of eleven months already spent in jail-Re-trial not ordered.

Appellants alleged not to have been properly defended in trial Court -No ground for re-trial.

Accused re-tried and convicted pending appeal-Appeal infructuous.

Re-Trial Re-trial-May be ordered from a particular point in proceedings of case.

Re-Trial -Sessions Judge already expressing opinion on merits of case-On retrial case should be heard by another Judge.

Appellate Court's power to order-Regarded as part of "practice and procedure" of Court (Kenya case)[Criminal Procedure Code (V of 1898), S. 423].

Re-Trial Re-trial-Court of Session ignoring significant piece of evidence and acquitting accused-High Court ordered retrial acting suo moto in revision-Long period of time intervening in acquittal and order of re-trial-Criminal Procedure Code (h of 1898), S. 439 (1).

Re-Trial Re-trial-Question whether accused prejudiced by irregularity a relevant and important consideration in ordering re-trial.

Re-Trial Convict's plea against, on ground of harassment-Not accepted where appellate Court had not heard arguments on merits.

Re-Trial Offence in 1947-Trial in 1949-Accused in custody for long time-Not a fit case for re-trial.