| Case ID |
228ab783-775e-4528-97e4-7ea3192eb609 |
| Body |
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| Case Number |
Criminal Acquittal Appeal No. 100 of 2019 |
| Decision Date |
Aug 02, 2019 |
| Hearing Date |
Jul 30, 2019 |
| Decision |
The appeal was dismissed as the complainant, being the father of the victim, was not present at the crime scene and did not have the standing to file an appeal against the acquittal of the accused. The court emphasized that only those who are directly aggrieved by the acquittal have the right to appeal under Section 417(2A) of the Criminal Procedure Code. The definition of 'person aggrieved' does not extend to everyone with a societal interest in the conviction. Legal heirs in murder cases have specific rights, but in this instance, the father of the victim was deemed not competent to file the appeal. |
| Summary |
This case centers around a Criminal Acquittal Appeal where the father of a victim sought to challenge the acquittal of several accused individuals under the Pakistan Penal Code. The court examined the legal definition of 'person aggrieved' and determined that only those who have suffered direct harm or have a legitimate interest in the case can file an appeal. The ruling underscores the importance of having a clear legal standing in criminal matters, particularly in cases of personal injury and acquittal. The court ultimately dismissed the appeal, reinforcing the criteria for legal recourse in criminal proceedings. This case serves as a significant reference point for future appeals concerning the rights of complainants and the scope of judicial review in acquittal cases, highlighting the necessity for defined legal relationships and direct involvement in the matters at hand. Keywords: Criminal Procedure Code, acquittal appeal, legal standing, Pakistan Penal Code, personal injury, judicial review. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
Naeem Akhtar Afghan,
Abdul Hameed Baloch,
Muhammad Ismail Khan
|
| Lawyers |
Muhammad Ali Rakhshani
|
| Petitioners |
Muhammad Ismail Khan
|
| Respondents |
3 Others,
Yar Muhammad
|
| Citations |
2019 SLD 3095,
2019 YLR 2843
|
| Other Citations |
Mir Gul v. Abdul Karim 1999 PCr.LJ 1507
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
340(2),
342,
417(2A),
34,
337A,
337-F,
337-Q
|