[Section 423, Cr.P.C.]
Retrial factors to be considered. (a) Facts of case, (b) harassment already undergone by accused, (c) expenditure incurred in defence, (d) circumstances of the case. 67 adjournments during 5 years of trial. Retrial not ordered. PLJ 1980 Cr.C. (Pesh.) 409 Mir Zaman v. Khalil-ur-Rehman.
Retrial not to be ordered when it amounts to the denial of principle of doubt and leading to injustice. The Court before ordering retrial should consider the view of the trial Court regarding evidence before it, magnitude of apprehended miscarriage of justice if retrial not ordered, chances of conviction and expenses of retrial. 1988 SCMR 1691 Haji Muhammad etc. v. Muhammad Ibrahim etc.
Retrial proper where High Court's order for retrial (in acquittal case) attempting exhaustive analysis of the case and expressing opinion "not lacking in directness" but at the same time cautioning lower Court against treating such opinion as binding". (SC) PLD 1962 SC 249 Abdur Rashid.
Offence by Public Servants committed by them during the performance of their official duties, held, Sec. 198-A Cr.P.C. is operative inspite of repeal of Act XXV of 1974 by Ordinance XXVII of 1981. PLJ 1997 Cr.C. (Pesh) 1430, Zil-e-Hussain Shah v. Asif Jan.
Witnesses not cross-examined in Court as to vital statement before police. Retrial ordered. (DB) PLD 1967 Dacca 566 Ansar Sardar.
Retrial proper where trial Court's conclusion (in judgment of acquittal) not supported by balanced statement of relevant facts or by truly reasoned arguments. (SC) PLD 1962 SC 249 Abdur Rashid.
Murder case decided on special oath, held the procedure was illegal not curable u/S. 537, Cr.P.C. Case remanded for retrial. (DB) PLJ 1991 Cr.C. (Lah.) 76 Elahi Bux.
Retrial. Where trial Court acquits the accused when the case remained pending for 6 years for lack of evidence, High Court ordered retrial. Supreme Court set aside the High Court's order. 1992 SCMR 2328, Karm Ali Shah v. Mazhar Hussain etc.
Retrial after 7 years of occurrence ordered in revision from acquittal. 1972 P.Cr.LJ 664 Muhammad Din v. Haider etc. 1972 P.Cr.LJ 657 Khadam Hussain v. Ilyas etc.
Retrial ordered after 19 years of occurrence, only for hearing arguments. Neither de novo trial nor fresh evidence was to be recorded. Retrial by High Court can be ordered from any stage of proceedings, u/S. 439 Cr.P.C. PLJ 1996 SC 313, Abdul Latif v. Bagga Khan etc.
Defence counsel engaged at State expense in case under section 302, P.P.C. given only 2« hours to prepare the case of the accused. Prejudice alleged by the accused. Case remanded for trial. (DB) 1971 P.Cr.LJ 1047 Bhasia Kiri Ghara.
Prejudice in defence. Accused failing to produce defence evidence relying on deposition of Investigating Officer that he could not swear that they had participated in murder. Held, accused prejudiced in defence. Retrial ordered. (SC) PLD 1958 SC (Pak.) 275 Moonda etc.
Bias in Judge. Judge making unfounded remarks in judgment suggesting bias, Retrial entrusted to different Judge. PLD 1957 Kar. 814 M. Faridi.
Retrial may be ordered from a particular point in proceeding of a case. (SC) PLD 1958 SC (Pak.) 275 Moonda etc.
Retrial case to be heard by another Judge, as the Sessions Judge had already expressed opinion on merits of the case. (DB) PLD 1958 Kar. 18 Chutto.
Retrial for all the accused ordered although ground for retrial appeared to be only for some of the accused. (SC) PLD 1958 SC (Pak.) 275 Moonda etc.
Mere delay in prosecution is no ground for not ordering retrial. (DB) PLD 1964 Lah.1 State v. Muhammad Shafi.
Acquittal not on merits, retrial is not illegal. The accused was acquitted on a technical defect in sanction for prosecution. PLD 1956 Lah. 87 Salahuddin v. Crown.
Acquittal to operate as discharge where the orders are passed without jurisdiction. Retrial is therefore, not barred. (PC) PLD 1949 PC 108 Yousaf Ali v. King.
Sanction for prosecution wanting therefore Court not of competent jurisdiction. Retrial not barred. PLD 1951 Lah. 430 Ishan Elahi v. Crown.
Retrial is not a second but continuation of same trial and not within principle of double jeopardy. (FC) PLD 1955 FC 185 Anwar.
Evidence on record very slight. Appellant could not have offered evidence against it. Retrial ordered. (PC) 1 MIA 67 Janoki Das v. Brinda Ban.
Discharge for non-attendance of prosecution witnesses on about 40 hearings and the Magistrate issuing coercive process against the PWs in a cognizable warrant and non-compoundable case, is illegal. Retrial ordered. 1975 P.Cr.LJ 816 Piyare Muhammad.
Offence admitted by misapprehension, request for retrial cannot be resisted, 196 IC 553 in re: S.S. Pattabi Rama Iear.
Third trial. The fact that the accused has been retried on the same charge is no reason for refusing to order a third trial in a proper case, if the evidence is of such a nature as to make another trial desirable for the ends of justice. (DB) 45 Cr.LJ 99 Emp. v. Lal Mia. 209 IC 206.
Retrial after 11 years of acquittal and 21 years after FIR was registered. Retrial order set aside. 1987 SCMR 237 Sultan Khan etc. 1972 SCMR 95 Phulail Khan.
Long time elapse since trial. Retrial not ordered. (SC) PLD 1976 SC 1 Dosa. PLJ 1976 SC 20.
Retrial long time elapsed between commission of offence and hearing of appeal. Retrial not justified. (Occurrence 9-1-71 appeal 1-4-81). (PC) 1982 PSC 307 Ajodha.
No retrial after 9 years. Revision petition filed in 1973, came up for hearing in 1981. Retrial not ordered. PLJ 1981 Cr.C. (Lah.) 543 Abdul Ghafoor v. Sultan Ali etc.
Protracted trial. Order for retrial is not justified. PLD 1962 Q.51. Umed Ali etc.
Trial kept in suspense for 7 years. Retrial is not justified. PLD 1962 Dac. 61 Bassanta Kumar Chaudhri.
Prosecution hanging for four years. Retrial not ordered. PLD 1962 Kar. 753 State v. Abrar Hussain Shah.
Accused in custody for a long time. The offence was committed in 1947 and the accused was placed on trial in 1949. He was in custody for a long time during the trial. Held, not a fit case for retrial. (FC) PLD 1953 FC 125 Asir-ud-Din v. Crown.
Retrial refused because trial extended over 6 years and accused remained in jail for 2 years. 1970 P.Cr.LJ 515 Zabte Khan.
Retrial not ordered because of previous protracted trial and long terms of punishment in connected cases. (DB) 1970 P.Cr. LJ 649 State v. Jagmal Singh.
Retrial order set aside by Supreme Court because incident took place on 4-8-1966 and the accused was acquitted on 13-12-1967, Supreme Court heard the case on 22-10-1971. Accused in custody for 4 years waiting retrial. Witnesses may not be available. (SC) 1972 SCMR 95 Shah Wali.
Not to supplement deficiencies of prosecution. It is not the function of the court to supplement the deficiencies of the prosecution by remanding the case for proper trial. To comply with the request for retrial would be exposing the accused to a further ordeal and expenses to which the Crown has no right to expose him. The subject cannot be made to suffer because of the neglect or omissions of the Crown in the mode in which it conducts a criminal proceeding. (DB) ILR 5 Lah. 404 Crown v. Jaswant Rai & Co.
Retrial not ordered. Offence committed more than 2 years and 4 months before hearing of appeal. Crown's request for retrial based mainly on desire to fill up gaps in the prosecution. Retrial not ordered. (FC) PLD 1952 FC 63 Aminul Haq v. Crown.
Retrial order set aside. Appellate Court doubtful of accused's guilt, yet ordering retrial. Order set aside. (FC) PLD 1954 FC 120 Abdus Sattar v. Crown.
Long time intervening between acquittal and hearing of revision did not by itself stand in the way of ordering a retrial. It should be ordered only when it is absolutely necessary and unavoidable. (DB) PLD 1956 BJ 24 Crown v. Ismail.
Retrial after revision from acquittal; not a bar even after 7 years of occurrence. 1972 P.Cr.LJ 657 Khadim Hussain v. Ilyas etc. 1972 P. Cr. LJ 664 Muhammad Din v. Haider etc.
Retrial not ordered where it would practically amount to an order to convict the accused. (DB) PLD 1955 Lah. 271 Crown v. Mirza Khan.
Retrial from any stage can be ordered by the High Court u/S. 439, Cr.P.C. PLD 1996 SC 152, Abdul Latif v. Bagga Khan.
De novo trial on remand of the case by High Court, the Trial Court is not required to record evidence de novo but judgment already recorded by it may be reconsidered. PLJ 1995 SC 526, Muhammad Abbas v. Saghir Ahmed.
Unsound mind of accused is to be determined whether it was so when the crime was committed; not the state of mind of the accused at the time of the trial. Case remanded for trial of the offence u/S. 302 PPC. 1994 SCMR 1517, Abdul Wahid.
Retrial not ordered after 14 years of the commission of the offence, 1977 P.Cr.LJ 12 Sultan Ali.
Partial retrial of accused is perfectly legal when the appellate Court is of the view that the co-accused have been rightly acquitted such cases should not be ordered to be retried against all the accused. NLR 1991 Cr. 214 Shahmand etc.
Retrial of acquitted accused when no appeal or revision against his acquittal in the High Court, held he cannot be retried because of section 403, Cr.P.C. just because of co-accused was remanded for retrial. PLJ 1991 Cr. C. (Lah.) 448 Muhammad Riaz.