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1989 MLD 2649

HABIBULLAH

Versus

STATE

(a) Constitution of Pakistan, 1973, Article 13

Article 13 — General Clauses Act (X of 1897), Section 27 — Retrial for same offence — Validity of — Accused booked under Section 377 P.P.C. and Section 12 of the Ordinance VII of 1979, was tried under order of Additional Sessions Judge by Juvenile Magistrate under Section 377, P.P.C. and detained in Remand Home for a period of one month — Sessions Judge set aside said order and remand case to Trial Court with direction to send case to Court of Session for trial under Section 12 of the Ordinance — Held, once the accused had been tried under Section 377 P.P.C. and sent to the Remand Home at the conclusion of the trial he could not be retried for the same offence although under a different statute — Impugned order being violative of Section 27, General Clauses act, 1897 as well as Article 13 of Constitution of Pakistan was set aside in circumstances. Muhammad Ayub v. The Chairman, Electricity Board, WAPDA, Peshawar and another PLD 1987 SC 195. Rel. [1989 MLD 2649]

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