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SALEEM RAZA KHAN versus THE STATE

Sections 435 and 439 of the Penal Code (XLV of 1860), section 302/34, modified the defendant's challenge to acquit his co-accused that the co-accused was acquitted because he was found innocent by the police. Police opinion is not binding on the court and further charges have been made. In the FIR, the name of the released co-accused stood and he expressed a joint intention with the accused, so the trial court was not allowed to acquit the accused in the opinion of the investigating officer. No doubt the court was bound, but the co-accused was not acquitted, simply because the theory of evidence brought on record clearly showed that no overt act was attributable to acquittal. And was shown to be present with the accused only when the trial court approved the acquittal. After recording the accompanying evidence and the order to that extent, the accused shall not demand any interference by the High Court in exercising his or her authorized jurisdiction. lawer from fb area from Dargai lawyer