Acquittal in Pakistan:
When an accused is charged with an offense, then the case is sent to the court. The court, if it finds the accused not guilty, passes the order of acquittal in Pakistan. When a person is charged with any offense, then this charge does not mean that such a person is guilty. A person will be found guilty only when his guilt is proved in the court. The court can convict someone in his presence, and the court can also pass the order of acquittal in absentia. The prosecution branch can also file a criminal acquittal appeal at a higher forum. The grounds of acquittal and punishment are mentioned in the CRPC and other special laws in Pakistan. A person is deemed to be innocent until his guilt is proven in the court.
- For example a person is accused of rape but if he proved in the court that he has done court marriage in Pakistan and he has Nadra marriage certificate then the court will pass an order of acquittal in Pakistan.
- If a female marries for the second time without filing the case of khula in Pakistan from the previous husband or without obtaining the divorce certificate in Pakistan then she will be punished by the court.
- If a person is accused of rape but proves in court that he has a nikahnama registration in Pakistan with that woman after doing an online marriage in Pakistan, then he will be acquitted by the court.
Acquittal in absentia:
Acquittal in absentia means that the court acquits the accused in his absence. The court has the power to decide the case of the accused in his absence also. It is the duty of the court to finalize the trial before him even if the accused is arrested or even if the accused is an absconder. It is the duty of the prosecution to establish the guilt of the accused beyond any doubt. The judge can decide the case and pass an order of acquittal in absentia of the accused. However, the prosecution can file the criminal acquittal appeal if they want.
Criminal Acquittal appeal:
When an accused is held guilty by the court, the accused has the right to appeal at a higher forum. The same way, when an accused is acquitted by the court, the prosecution department has the right to file a criminal acquittal appeal at a higher forum. Generally, the prosecution department does not file any appeal against the accused, but in some cases, when the case is of public importance, the prosecution files the appeal. The complainant can also file an appeal against the acquittal in Pakistan. The complainant can file the appeal with the help of the prosecution department in the country.
Grounds:
The grounds of appeal against the acquittal are given in the CrPC. You may hire the services of a lawyer in Pakistan if you want to file an appeal in the court. Our law firm in Lahore is an expert in trials, and we can file the appeal against the conviction and the orders of acquittal in Pakistan.
Read our other blogs on the unmarried certificate in Pakistan and the Khula procedure in Pakistan.
