Hon’ble Supreme Court of Pakistan in the case of “BRIG. (RETD.) F.B.
ALI AND ANOTHER versus THE STATE” (PLD 1975 Supreme Court 506) and
while defining the term “accused” the Hon’ble Apex Court held as
under :-
“In my view the mere lodging of an information does not make
a person an accused nor does a person against whom an
investigation is being conducted by the police can strictly be
called an accused. Such person may or may not be sent up for
trial. The information may be found to be false. An accused is,
therefore, a person charged in a trial. The Oxford English
Dictionary defines an "accused" as a person "charged with is a
crime" and an "accusation" as an "indictment". Aiyer in his
Manual of Law Terms also gives the same meaning. I am of
view, therefore, that a person becomes an accused only when
charged with an offence. The Criminal Procedure Code also
uses the word "accused" in the same sense, namely; a person
over whom a Court is exercising jurisdiction.”
Lahore High Court
Writ Petition-Criminal proceedings-Detention/habeas
3739-19
2020 LHC 1
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