PLD 1978 SC 121




Per Nasim Hasan Shah, J.

(a) Constitution of Pakistan(1973) Art. 13

Read with Criminal Procedure Code (V of 1898), S.403–Word “prosecution” —Meaning.—[Words and phrases].

The word “prosecute” is derived from a Latin word and signifies not only “to follow”, but “to follow”, “intensively” without intermission; thus, to follow or pursue with a view to reach, execute or accomplish.[p. 124]

(b) Constitution of Pakistan(1973) Art. 13

Read with criminal procedure Code (V of 1898). S. 403 and Evidence Act (I of 1872), S. 132–Maxim: autrefois convict and autrefois acquit– Protection against double punishment–Word “prosecution” In Art. 13–Include commencing, conducting, and carrying a suit to a conclusion in a court of justice–Fresh prosecution for same offence barred only where prosecution finally concluded and ended either in acquittal or conviction–petitioner in first instance tried by Military Court, later on lifting of Martial Law case tried by Magistrate and lastly ordered to be transferred to Sessions Court– prosecution in none of such forums pursued to end–Petitioner’s trial, held, in no way derogatory to principles of autrefois acquit or autrefois convict or violative of Art. 13 of Constitution.–[Maxim–words and phrases]. [pp. 124,124]A&C

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