2022 S C M R 1861
Ss. 249-A & 265-K---Acquittal under section 249-A or 265-K, Cr.P.C.---Scope---In appellate or Revision al proceedings, the same sanctity cannot be accorded to acquittals at intermediary stages such as under section 249-A or 265-K, Cr.P.C., as available for those recorded and based on full-fledged trial after recording of evidence---In appeal or Revision proceedings, the order of acquittal of the accused under section 249-A or section 265-K of the Cr.P.C. would not have the same sanctity as orders of acquittal on merits---Consequently, the principles which are to be observed and applied in setting aside concurrent findings of acquittal or the principle relating to the presumption of double innocence when an accused is acquitted after a full-fledged inquiry and trial, would not be applicable to the acquittals under section 249-A, Cr.P.C. or section 265-K, Cr.P.C.
2005 S C M R 1544
---Ss. 249-A & 265-K---Appeal against acquittal---Appeal against acquittal of accused under S.249-A or S.265-K, Cr.P.C. and against his acquittal after trial---Principles---In appeal or Revision al proceedings, the order of acquittal of accused under S.249-A or 265-K, Cr.P.C. would not have the same sanctity as orders of acquittal on merits---Consequently, the principles which are to be observed and applied in setting aside the concurrent findings of acquittal or the principle relating to the presumption of double innocence when an accused is acquitted after a full-fledged inquiry and trial, would not apply to acquittals under S.249-A or 265-K, Cr.P.C.
P L D 1999 Supreme Court 1063
Criminal Procedure Code (Cr.P.C) Ss. 249-A & 265-K---Acquittal of accused at any stage---Same sanctity cannot be accorded to acquittals at intermediary stages such as under S.249-A or 265-K, Cr.P.C. in appellate or Revision al proceedings as available for those recorded and based on full-fledged evidence.
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