P L D 2006 Lahore 147
Appeal (criminal)---
----Right of appeal, exercise of---Principles---Where special law is silent with regard to the right of filing an appeal, such right cannot be inferred by way of implication on the basis of general law---Appeal is purely a creature of statute and unless a right of appeal is clearly and expressly given by the statute, it does not exist nor is there any scope for inferring such right by implication.
----S. 417(2-A)---Right of appeal against acquittal under S.417(2-A), Cr.P.C. not extended to cases decided by Special Courts---Right of appeal given to aggrieved person against the order of acquittal under S.417(2-A), Cr.P.C. cannot be extended to private persons in cases decided by the Special Courts regarding a scheduled offence.
Criminal Procedure Code (V of 1898)---
----Ss. 417(2-A) & 561-A---Appeal barred under S.417(2-A), Cr.P.C. not to be converted into petition under S.561-A, Cr.P.C.---Remedy which is not directly available cannot be sought indirectly through indirect means---Legislature having itself not provided right of appeal to private person, the same cannot be brought under attack through any other device or disguised manner before High Court---Appeal which is otherwise barred, cannot be converted into a petition under S.561-A, Cr.P.C. and private complainant cannot be allowed to achieve the object which he could have achieved by filing appeal.
Prevention of Corruption Act (II of 1947)---
----S. 5(2)---Penal Code (XLV of 1860), Ss.409/161---Pakistan Criminal Law Amendment Act (XL of 1958), Ss. 3 & 10(2)---Criminal Procedure Code (V of 1898), S.417(2-A)---Appeal against acquittal, maintainability of---Complainant had challenged the acquittal of the accused under Ss.409/161, P.P.C. and S.5(2) of the Prevention of Corruption Act, 1947, by the Senior Special Judge, Anti-Corruption, by filing an appeal under S.417(2-A), Cr.P.C.---Pakistan Criminal Law (Amendment) Act, 1958, is a Special Law and Special Judges are appointed under S.3 of said Act who were competent to take cognizance of the offences mentioned in the schedule thereof---Appeal against the order of acquittal passed by the Special Judge could only be filed by the Public Prosecutor under S.10(2) of the said Act with the prior permission of the Central Government and not by a private person---Section 10(2) of the Pakistan Criminal Law Amendment Act, 1958,had minimized the scope of S.417, Cr.P.C. by ousting the right of appeal by a private person/aggrieved person to file appeal against the order of acquittal passed by the Special Judge---Appeal filed by the complainant under S.417(2-A), Cr.P.C. against the acquittal of accused by the Special Judge, thus, was not maintainable and the same was dismissed accordingly.
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