Law: Criminal Procedure Code (V of 1898)

Section: 342

(a) Criminal Procedure Code (V of 1898)--- ----S. 342---Examination of accused---Object---Object of examination of accused was to give him opportunity of explaining the circumstances which were likely to influence mind of Judge in arriving at a conclusion adverse to him---Attention of accused must have been invited to the inculpatory pieces of evidence or circumstances surfaced on record--¬Since examination of accused under S.342, Cr.P.C. was not a mere formality, but a necessity so that principle contained in judicial Maxim "Audi Alteram Pattern" was fully complied with, howsoever scanty or weak the prosecution evidence in regard to certain incriminating material might be, it was duty of the Court to seek explanation of accused by confronting him with same---Use of word "shall" in later part of subsection (1) of S.342, Cr.P.C. suggested that the Court while examining accused thereunder was not only bound to question him on material points of the case, but was under legal obligation to confront him with all those pieces of evidence which could tend to criminate him. Munir Ahmad alias Munni v. The State 2001 SCMR 56; Asif Ali Zardari and another v. The State PLD 2001 SC 568; Din Muhammad v. Crown 1969 SCMR 777; Munawar Ahmed v. The State PLD 1956 SC 300; Abdul Salam v. Crown PLD 1955 FC 129; Abdul Latif v. Crown PLD 1952 FC 113; Abdul Wahab v. Crown PLD 1955 FC 88; Rattan Singh v. State of H.P. AIR 1997 SC 768; Sharad Birdhichand Sarda v. State of Maharashtra AIR 1984 SC 1622; State of Maharashtra v. Sukhdeo Singh 1992 Cr.LJ 3454 (SC); Tanviben Pankaj Kumar Divetia v. State of Gujarat AIR 1997 SC 2193 and Ranjit Mondal v. State of West Bengal 1997 Crl.LJ 1586 ref. (b) Penal Code (XLV of 1860)--- ----Ss. 302/392---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17---Criminal Procedure Code (V of 1898), S.342---Appreciation of evidence---Examination of accused---Trial Court had not adopted mandatory procedure in the conduct of trial and had failed to question accused on material points of case and thereby inference, adverse to accused were drawn---Judgment passed by Trial Court, was set aside with consent of parties and case was…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492