Law: Criminal Procedure Code (V of 1898)

Section: 342,342(1)

Law: National Accountability Ordinance, 1999

Section: 9(a)(vi)

(a) Criminal Procedure Code (V of 1898)--- ----S.342---Statement of accused---Audi alteram partem, principle of---Examination of accused under S.342, Cr.P.C. is based on principle of audi alteram partem and is not a formality keeping in view the use of expression "shall" in later part of S.342(1), Cr.P.C.---Whole incriminating evidence has to be put to accused in order to rely upon evidence oral as well as documentary, to base conviction. Asif Ali Zardari and another v. The State PLD 2001 SC 568 rel. (b) National Accountability Ordinance (XVIII of 1999)--- ----S.9(a)(vi)---Criminal Procedure Code (V of 1898), S.342---Corruption and corrupt practice, misuse of authority---Appreciation of evidence---Statement of accused under S.342, Cr.P.C.---Failure to put all incriminating evidence---Accused were convicted and sentenced by Trial Court for committing offence of corruption and corrupt practice---Plea raised by accused persons was that whole incriminating evidence led by prosecution was not put to them in their statements under S.342, Cr.P.C. and as such documents banked upon by Trial Court to record conviction---Validity---Omission on the part of Trial Court prejudiced the case of accused and such omission was an irregularity which could not vitiate trial---High Court set aside conviction and sentence awarded to accused and case was remanded to Trial Court to re-record statements of accused under S.342, Cr.P.C. and then decide reference in accordance with law---Appeal was allowed in circumstances. Sher Muhammad Baloch v. The State and another 2008 SCMR 32 and Muhammad Shah v. The State 2010 SCMR 1009 rel. JUDGMENT MEHMOOD MAQBOOL BAJWA, J.---Appellants in both the appeals question the legality and validity of judgment dated 7th of August, 2007 handed down by the learned Judge Accountability Court No.V, Lahore whereby after conclusion of trial in Reference No.3 of 2005, conviction was recorded against the appellants, under sections 468, 471 of The Pakistan Penal Code, 1860, as well as clause 12 of The Schedule and section 10(b) of The National Accountability Ordinance, 1999 (Ordinance XVIII of 1999) (hereinafter called Ordinance XVIII of 1999) and were awarded…

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