THE CODE OF CRIMINAL PROCEDURE, 1898
(V OF 1898)
[22nd March, 1898]
An Act to consolidate and amend the law
relating to the Criminal Procedure
[1][417. Appeal in case of acquittal. (1) Subject to the provision of sub-section (4), the Provincial
Government may, in any case, direct the Public Prosecutor to present an appeal
to the High Court from an original or appellate order of acquittal passed by
any Court other than a High Court.
(2) If such an order of acquittal is passed in any case instituted
upon complaint and the High Court, on an application made to it by the
complainant in this behalf grants special leave to appeal from the order of
acquittal the complainant may present such an appeal to the High Court.
[2][(2-A) A person aggrieved by the order of acquittal
passed by any Court other than a High Court, may, within thirty days, file an
appeal against such order.]
(3) No application under sub-section (2) for the grant of special
leave to appeal from an order of acquittal shall be entertained by the High
Court after the expiry of sixty days from the date of that order.
(4) If,
in any case, the application under sub-section (2) for the grant of special
leave to appeal from an order of acquittal is refused, on appeal from that
order of acquittal shall lie under sub-section (1).]
[3][(5) An appeal against an order of conviction or
acquittal under Sections 354-A, 376, 376-A, 377 or 377-B of the Pakistan Penal
Code, 1860 (Act XLV of 1860) shall be decided within six months.]