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HAKAM ALI versus BAGGA


Criminal Code of Conduct (CR PC) Section 417 (2) of the Conduct Rule (XLV of 1860), Section 467/468/472/475/109 The trial court has not consciously considered the evidence nor the decision of the verdict. The concrete and tangible reasons given in support of. Illegal and invalid

1986 P Cr. L J 1797(1)

[Lahore]

Before Muhammad Munir Khan, J

HAKAM ALI Petitioner

Versus

BAGGA and others Respondents

Petition for Special Leave to Appeal No. 37 of 1984, decided on 24th November, 1985.

Criminal Procedure Code (V of 1898)

‑‑‑S. 417(2)‑‑Penal Code (XLV of 1860), S. 467/468/472/475/109‑ Acquittal‑‑Trial Court having applied conscious mind to evidence‑‑Sound and cogent reasons given in support of judgment‑‑Judgment neither illegal nor perverse‑‑Once accused is acquitted of charge, strong and exceptional reasons, held, would be required for interference in circumstances‑‑Petition was, therefore, dismissed.

Sardar Mohabbat Ali Dogar for Petitioner.

ORDER

This Petition for Special Leave to Appeal arises from judgment of learned Judicial Magistrate, Kasur whereby he on 10‑6‑1984 acquitted Bagga, Qadir Bakhsh and Muhammad Amin, of the charges under section 468/467/475/472/109, P.P.C.

2. The learned counsel for the petitioner submitted that the learned Magistrate has failed to take into account the material evidence and has acquitted the respondents without legal justification.

3. I have considered the submissions made by the learned counsel for the petitioner with care. I find that the learned Magistrate has applied his conscious mind to the relevant evidence and has given sound and cogent reasons in support of his judgment. The judgment is neither illegal nor perverse. It is well‑settled that once an accused person is acquitted of I the charge then strong and exceptional reasons would be required for interference with the same which I do not see in the case in hand.

4. For what has been said above, the petition is dismissed in limine.

S. A. Petition dismissed.

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