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Criminal Appeal No. Q‑1 of 1981, decided on 10th February, 1983.
Holders of Representative Offices (Punishment for Misconduct) Order (P.P.P.O.) 16 of 1977)‑
---Art. 2 (aa)‑Election rigging‑Rigging on large scale in constitu ency‑Prosecution failed to prove if same had been done by accused either directly or through any person‑Accused acquitted in circum stances.
Fakhruddin G. Ebrahim, Senior Advocate Supreme Court of Pakistan instructed by Muhammad Afzal Siddique, Advocate‑on‑Record for Appellant.
Raza A. Khan, Deputy Attorney‑General instructed by Ch. Akhtar Ali, Advocate‑on‑Record for the State.
Dates of hearing : 22nd to 24th January and 5th to 10th February, 1983.
We have heard learned counsel for the. parties at length for several days and have reached the conclusion that although rigging was done on a large scale in the Constituency in question but the prosecution has failed to establish that it had been done by the appellant either directly or through any other person within the meaning of Article 2 (aa) of the Holders of Representative Offices (Punishment for Misconduct) Order, 1977 (President's Post Proclamation Order No. 16 of 1977). Accordingly for the reasons to be given later, we set aside the judgment of the Special Court dated 31‑3‑1981 and acquit the appellant. His bail bonds are discharged. .
Appeal allowed.
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