Summary: Summary pending.

Summary: Acquittal granted---(a) Criminal Procedure Code (V of 1898): ---- S. 265-K – Acquittal at any stage – Scope and judicial discretion Trial court acquitted the accused under section 265-K, Cr.P.C., without proceeding to full trial, on the ground that the charge was wholly groundless and there was no probability of conviction—Held, section 265-K, Cr.P.C. empowers the court to acquit an accused at any stage of the case if it appears that the prosecution cannot establish guilt—Court may exercise this power even before framing of charge if satisfied that proceeding with trial would be an exercise in futility—No legal embargo exists against an early acquittal when no evidence exists to sustain the charge—Acquittal was justified in view of overwhelming evidence from prior civil litigation. (b) Family Law: ---- Suit for jactitation of marriage – Legal effect – No presumption of marriage Accused (Mst. Shagufta Ahmad) had previously filed and won a suit for jactitation of marriage, wherein the court declared that no marriage ever existed between her and the complainant’s brother—Held, a decree of jactitation of marriage nullifies all claims of marital status, and as a result, her later marriage with another individual was not unlawful—No law required her to await the conclusion of litigation before remarrying, especially when her first marriage had been judicially declared non-existent ab initio—Trial court correctly held that her cohabitation with her husband could not amount to Zina. (c) Criminal Law: ---- Offence of Zina – Groundless charge – Civil litigation conclusively settled issue Complainant alleged that accused committed Zina by living with another man while a prior suit regarding marriage was pending—Held, marriage with the second man was legally valid, and there was no basis for the charge of Zina—Appellate court and High Court had already upheld the decree in favor of the accused, and no competent court had ever declared her second marriage unlawful—Prosecution case was therefore devoid of merit and frivolous—No further proceedings warranted. (d) Disposition: Revision dismissed—Acquittal of accused upheld—Trial court’s exercise of discretion under section 265-K, Cr.P.C. found proper.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.