Law:

Section:

Criminal Trial-- ----Principle--Statement cannot be considered in isolation to convict an accused--Requirement of law--Confession by victim or for that matter statement made by victim in Court, a portion of the said statement cannot be considered in isolation to convit an accused as in such like cases the requirement of law is that whole of the statement has to be taken into consideration. [P. 125] F Criminal Procedure Code, 1898 (V of 1898)-- ----S. 242--Offence of Zina (Enforcement of Hudood) Act, Ss. 10, 11, 16 & 19--Not nominated in FIR--Formal charge--Trial Court did not consider her as an accused with the result that a charge was not framed against victim/appellant provided by S. 242 Cr.P.C.--Held: When the accused appears or is brought before the Magistrate a formal charge has to be framed relating to the offence of which he is accused and has to be asked whether he admits that he has committed the offences of ZHA. [P. 121] A Criminal Procedure Code, 1898 (V of 1898)-- ----S. 342--Mandatory provision--Procedure--Recording statement--Recording statement u/S. 342 Cr.P.C. are not fulfilled, the accused has to be dealt with keeping in view, the fact of the case and he can even be acquitted. [P. 122] B Criminal Procedure Code, 1898 (V of 1898)-- ----S. 164--Statement and confession--Recording of confession by an accused person or statements by any person including an accused--Statement u/S. 164 can be recorded at the instance of a complainant, witness himself or on the instance of accused or investigating officer--Statement of the accused cannot be considered as a confession by an accused against another accused simply because the appellant was never an accused in the case. [Pp. 122 & 123] C Offence of Zina (Enforcement of Hudood) Act-- ----Ss. 7, 8 & 10(2)--Criminal Procedure Code, (V of 1898), Ss. 164, 242 & 342--Prosecution was directed--Produce evidence--Statements were not recorded--Criminal jurisdiction--Assailed--Appeal before Shariat Court--Deviation from settled procedure of trial of a criminal case--Not nominated in FIR--Conviction and sentence awarded to appellant, assailed--Victim cannot be convicted on the statement on record in…

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