Court had ample powers to acquit accused, even if the witnesses were not examined.

The legislature in its wisdom, had not left the question of recording evidence as a condition before taking action under either of the said provisions---Court had ample powers to acquit accused, even if the witnesses were not examined (Mujjan Ali Panhwar )

Ss. 265-K & 249 -A---Power to acquit accused at any stage of trial---Scope---By enacting Ss.249 -A & 265-K, Cr.P.C., the legislature in its wisdom, had not left the question of recording evidence as a condition before taking action under either of the said provisions---Court had ample powers to acquit accused, even if the witnesses were not examined---Provisions of S.265-K, Cr.P.C. were meant to prevent the rigours of a prolonged trial when it was apparent from the record, that there was no probability of accused being convicted of the offence---Burden of proof was on the prosecution, and where evidence available with it, would not be able to establish the charge against accused in the light of required standard of law, then recording of further evidence would waste public time and would serve no public interest---No embargo was placed on the power of the court to acquit accused at any stage---Accused could demand his discharge or acquittal during the course of judicial proceedings---Trial Court had to satisfy itself on the probability or otherwise of the conviction for which it had to give clear reasons in its order.

2013 PCrLJ 214 FEDERAL-SHARIAT-COURT
Side Appellant : Mst. GHULAM FATIMA
Side Opponent : State