1. ' IFTIKHAR MUHAMMAD CHAUDHARY, J.--- This appeal has been filed by Mir Gul son of Khan Muhammad, brother of injured Kotan under section 417, Cr.P.C. To challenge the judgment, dated 11-6-1995 passed by Additional Sessions Judge, Sibi, whereby respondents have been acquitted of the charge under section 324/34, P.P.C.
2. ' Precisely stating facts giving rise to instant appeal are that on 28-1-1994 appellant lodged complaint Exh.P.B. Before Risaldar Levies Shahrag, District Sibi alleging that respondents/accused along with others have beaten up his brother Kotan, therefore, they may be arrested and sentence be awarded to them because without any justification they have beaten up his brother. On commencement of investigation respondents were sent up to face trial. During course whereof respondents denied the charge, as such prosecution led the evidence including the statement of Kotan injured and learned trial Court vide impugned judgment, dated 11-6-1995 acquitted the respondents of the charge, as such appellant preferred instant appeal. During hearing of appeal larger Bench was constituted to examine following question:-- "Whether in presence of injured Kotan Mir Gul could be termed as a person aggrieved within the provisions of section 417(2-A), Cr.P.C."
3. ' Mr. H. Shakil Ahmed, learned counsel for appellant contended that appellant lodged report with Law Enforcing Agency against respondents, as such on, their acquittal, he being a person aggrieved can file appeal under section 417(2-A), Cr.P.C. And no objection legitimately can be raised on maintainability of appeal, filed by him. In support of his arguments he relied on 1996 PCr.LJ 586 (Quetta).
4. ' Mr. Noor Muhammad Achakzai, learned Additional Advocate-General emphasized that in presence of injured no one else can file appeal except by him because under section 345, Cr.P.C.
5. Right to compound the offence has been conferred to an injured, if he is alive, therefore, on the same analogy he could alone file appeal.
6. ' Mr. Amanullah Tareen, learned Advocate appearing for respondents was also of the same opinion.
7. ' Whereas Mr. Ehsanulhaq, learned amicus curiae argued that for interpretation of a statute it is necessary to make attempt to explore the intention of the Legislature. As per his contention originally under section 417, Cr.P.C. Right to file appeal against acquittal order was available only to the State and subsequently this right was also conferred to a complainant but subject to special leave to appeal from the High Court and as subsequent thereto Pakistan Penal Code was amended relating to its part which deals with offences of homicide and hurt and they were brought in conformity to the Islamic Injunctions under which right to compound the offences has also been given to the parties including the victim and accused, therefore, it has also become essential to allow a right of appeal to a person aggrieved by the order of acquittal. Thus, vide Act XX of 1994 subsection (2-A) was also incorporated in section 417, Cr.P.C. And with this background only a person who is a victim and is alive can institute appeal against the acquittal order passed in the offences pertaining to the body hurt notwithstanding the fact as to whether the case was got registered by him or not.
8. ' Mr. M.A. Chishti, learned amicus curiae requested to enlarge the scope of proposition under consideration and it may also be examined whether in the cases covered by Suppression of Terrorist Activities Act, 1975 an appeal can be filed under section 7 of the Act by a person aggrieved notwithstanding the fact if provisions of section 417(2-A), Cr.P.C. Have been made applicable by the Legislature in respect of the acquittal appeals arising out of order passed by the Special Court under the Act of 1975, but we declined to accept his request and pointed out to him that as in the instant case a particular question has been framed and matter has been referred to answer the same to this Bench, therefore, at our own we cannot enlarge the scope nor directly or indirectly in instant case this question is involved.
9. ' However, with regard to maintainability of appeal against acquittal order by an injured person/victim, his submissions were the same which were advanced by Mr. Ehsanulhaq learned counsel.
10. ' We heard parties' counsel and with their assistance carefully examined the relevant provisions, i,e,, section 417, Cr.P.C. In our opinion it would be appropriate to reproduce hereinbelow subsections (1),
(2) and (2-A) of section 417, Cr.P.C.:-- "Section 417. Appeal in case of acquittal.-- (1) Subject to the provisions of subsection (4), the Provincial Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or an appellate order of acquittal passed by any Court other than 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, giants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court; (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; ' History of original section 417, Cr.P.C. Reveals that initially right to file appeal against acquittal order was available to the State, but subsection (2) was added in section 417, Cr.P.C. In pursuance whereof right to file appeal against acquittal was made competent in the cases where criminal action has been initiated on a complaint, but subject to the leave of High Court. Later on Legislature amended to Pakistan Penal Code concerning the offences of homicide and body hurt as well as Criminal Procedure Code in order to bring them in conformity to the Injunctions of Islam as per mandate of the judgment in the case of Federation of Pakistan v. Gul Hassan PLD 1989 SC 633.
11. ' Before considering the implications of section 417(2-A), Cr.P.C. It may be noted that the law givers were conscious that on amending the provisions of P.P.C. Relating to the offences of homicide and body hurt it would also be essential to amend section 345, Cr.P.C. Because under Islamic jurisprudence the element of forgiveness has got more significance than any other law, because as per the Injunctions of Islam the heirs of deceased or victim who received injuries can claim Qisas, Diyat, Badle-Sulah or can also forgive to accused in the name of Almighty Allah, therefore, on account of this philosophy subsection (2) was added in section 345, P.P.C. And also amended provisions of P.P.C. From section 324 to onward up to section 337, which deals with the offences pertaining to body hurt. According to column 3 of amended subsection (2) of section 345, P.P.C.
12. Right to compound of offences is available to a person against whom the offence was committed.
13. As far as attempt to commit Qatl-eAmd is concerned and to the persons to whom the hurt is caused, and other offences namely, Itlaf-i-Udw etc. In view of these provisions now the question would be that under section 417, subsection (2-A) who would be a person "aggrieved" competent to file appeal. In this context in the Black's Law Dictionary a "person aggrieved" has been defined as follows:-- "Person aggrieved.--- To have standing as a 'person aggrieved' under equal employment opportunities provisions of Civil Rights Act, or to assert rights under any Federal regulatory statute, a plaintiff must show (1) that he has actually suffered an injury, and (2) that the interest sought to be protected by the complainant is arguably within the zone of interests to be protected or regulated by the statute in question. Foust v. Transamerica Corp. D.C. Cal; 391 F. Supp .312, 314; ' A person aggrieved' as contemplated by federal rule governing standing to object to alleged illegal search and seizure is one who is the victim of the search and seizure, a4 distinguished from one who claims prejudice only through the use of evidence gathered in a search directed at someone else. U.S. Ex. Rel. Mann v. Mazurkiewicz; D.C. Pa; 316 F.Supp, 1041, 1043; ' As far as Ballentin's Law Dictionary is concerned it has not defined "person aggrieved", independently, but has made reference for the definition to the expression "aggrieved party". It is also reproduced hereinbelow:-- "Aggrieved party. One who is injuriously affected by the act or omission of another. Anno. 13 ALR 301.
14. One whose personal interests are or may be affected adversely, Anno:74 ALR 1221 (review of refusal to abate a tax). One, within the meaning of the statute governing appeals, who has an interest recognized by law in the subject-matter which is injuriously affected by the judgment, or one whose property rights or personal interests are directly affected by the operation of the judgment or decree 4 Am J2d A&E 183."
15. Applying the golden principle of interpretation of statute that words A used in a section must be given their plain grammatical meaning, it may be seen that subsection (2-A) of section 417, Cr.P.C.
16. Opens within "A" then words have been used "person aggrieved", therefore, plain meaning of word "A" with inference to filing of an acquittal appeal would be that a person who has got significance/pivotal role in the judgment/determination of the case. Thus, that a person could be a person who is primarily interested in conviction of the accused because he has allegedly caused hurt to him. In this context the definition of "a person aggrieved" under Black's Law Dictionary reproduced hereinabove, can also be referred according to which seizure is one who is the victim of search and seizure and distinction from one which is prejudice only through the use of evidence gathered in such direct at some one else. In the Ballentine's Law Dictionary as well "aggrieved party" means one who has interest recognized by law in the subject-matter which is injuriously affected by the judgment or one whose property rights or personal interests are directly affected by operation of the judgment or decree, therefore, with reference to filing of appeal against acquittal order only that person would be aggrieved party whose right has been recognized under the law for claiming that the person who has caused hurt to him must be punished in the same manner. In fact, this is the basic idea which has been introduced in the Islamic Law pertaining to homicide and body hurt. As it has been observed hereinabove that under amended section 345, subsection (2) a person on whom an attempt of Qatl-e-Amd has been made has got right to compound the offence meaning thereby that vice versa the person on whom attempt to commit murder has been made would be aggrieved person. Interchanging this expression with aggrieved party in terms of the dictionary definitions referred to hereinabove would be that special person who could initiate proceedings to challenge the acquittal. This aspect of the case can also be viewed from another angle that in the cases where complaint or F.I.R. Has been lodged by a person who is only the informer and is not inter related with the victim and ultimately if the accused in respect whereof he has given the information that he is liable for criminal action is acquitted, then in that case the informer in such capacity would not be a competent person to file appeal.
17. ' In order to further elaborate this proposition reference to the definitions of "Wali" under section 299, Clause (m), P.P.C. Would not be out of context according to which "Wali" means a person entitled to claim Qisas. Similarly section 337-0, P.P.C. Defines Wali in case of hurt according to which Wali shall be the victim provided that if the victim is a minor or insane, his right of Qisas shall be exercised by his father or paternal grandfather howsoever high and the heirs of the victim if the later dies before the execution of Qisas and the Government in absence of the victim or the heirs of the victim. Thus, according to plain language of this section as well in the case of hurt to a victim, status of Wali under the Islamic Law has been given, as such applying the principle of internal aid to interpret a statute, by making reference to different provisions under the same law, i,e, section 345(2), Cr.P.C. And seeking help from section 337(0), P.P.C. we are inclined to hold that under section 417(2-A), Cr.P.C. The victim being "a person aggrieved" would have a right to file appeal as far as the informer and anyone else even being the heir of victim would not be competent to file appeal in the cases of hurt.
18. ' Thus, for the foregoing reasons above question is answered as follows:-- "Appeal under section 417(2-A), Cr.P.C. In a hurt case defined by the P.P.C. And tried by the Courts constituted under Criminal Procedure Code shall be competent by a person who has been hurt, and if he is a minor or insane then appeal will be competent on his behalf by his father and grandfather or a paternal grandfather howsoever high he may be. If he (convict) dies for any other reason before final decision of the hurt case then appeal would be competent by his legal heirs."
19. ' As in the instant case injured Kotan is admittedly neither a minor nor insane and he is also alive, therefore, appeal by Mir Gul is incompetent, as such it is dismissed.
20. ' Hereinabove are the reasons of our short order, dated 26-10-1998.