| Case ID |
3926c39c-696e-4734-adad-cffc76b79d1b |
| Body |
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| Case Number |
Crl. Acquittal Appeal No. 123 of 2005 |
| Decision Date |
Nov 24, 2006 |
| Hearing Date |
|
| Decision |
The High Court ruled that the acquittal appeal could not be taken to have abated on the death of the appellant/complainant. It emphasized that once an appeal against acquittal is entertained by the court, it must be decided on its own merits, regardless of the death of the appellant/complainant. The court directed that the appeal would be heard and decided on its merits, reinforcing the legal principle that appeals against acquittal are to be adjudicated irrespective of the circumstances surrounding the appellant's ability to proceed. |
| Summary |
In the case of Crl. Acquittal Appeal No. 123 of 2005, the Sindh High Court addressed the critical question of whether an acquittal appeal abates upon the death of the appellant. The court ruled that such appeals must be decided based on their merits, regardless of the appellant's death. This ruling was founded on the interpretation of Sections 417 and 431 of the Criminal Procedure Code, 1898, and relevant case law, including the precedent set by the Indian Supreme Court in Khedu Mohton v. State of Bihar. The court's decision ensures that justice is served even when the complainant is no longer able to prosecute the appeal, highlighting the importance of upholding the rule of law in criminal proceedings. This case is significant for legal practitioners and underscores the necessity of understanding the implications of death on legal proceedings, particularly in criminal law. The ruling serves as a precedent for future cases dealing with similar issues and reinforces the legal framework governing appeals in criminal cases. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AZIZULLAH M. MEMON, J.
|
| Lawyers |
Mr. Raza Hashmi,
Mr. Javaid Ahmed Siddiqui,
Ms. Cookie Rawar
|
| Petitioners |
FAZALULLAH KHAN
|
| Respondents |
3 others,
Begum FATIMA IMTIAZ
|
| Citations |
2007 SLD 3054 = 2007 PLJ 281
|
| Other Citations |
AIR 1971 SC 66,
AIR 1925 All 620,
Mad. AIR 1958 Mad. 624
|
| Laws Involved |
Criminal Procedure Code, 1898,
Pakistan Penal Code, 1860
|
| Sections |
417,
431,
265-K,
408,
467,
468,
471,
477-A,
109
|