Law: Pakistan Penal Code, 1860

Section: 457

Law: Criminal Procedure Code (V of 1898)

Section: 342,364

Law: Offences Against Property (Enforcement of Hudood) Ordinance 1979

Section: 14

(a) Penal Code (XLV of 1860)--- ----S. 457---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 14---House trespass, theft liable to tazir---Appeal against acquittal---Appreciation of evidence---Examination of accused under S. 342, Cr.P.C. was conducted in stereo type manner e.g. a question was related to one accused but was put to all the accused persons---Same answer of all the accused in respect of another question did not appeal to prudent mind---Recording of statement of accused was not an empty formality; the questions put and answers given were distinctly to be recorded---Case was remanded by High Court for recording of statement of accused afresh. (b) Criminal Procedure Code (V of 1898)--- ----S. 364---Examination of accused how recorded---Scope---Provisions of S. 364, Cr.P.C. were mandatory in nature and put a legal obligation to comply with the same while recording the statement of accused under S. 342, Cr.P.C. (c) Criminal Procedure Code (V of 1898)--- ----S. 342---Statement of accused---Scope---Statement of accused under S. 342, Cr.P.C. was not an empty formality; the questions put and answers given were distinctly to be recorded. THIS JUDGMENT DELIVERED BY: MALIK HAQ NAWAZ, J.--- The respondents accused were booked for the above offence vide FIR No. 46/2009 dated 05/05/2009 registered at Police Station Chilas. 2. The complainant Rooh ul Amin lodged the report in Police Station Chilas and raised the finger of suspicion against the present respondents. The respondents were arrested and after completion of investigation they were committed to judicial custody and the final police report was presented in the Court of learned Judicial Magistrate Chilas, District Diamer. 3. In order to prove the case prosecution examined 14 P.Ws. and closed its case. The accused were examined under section 342, Cr.P.C., however they did not opt to be examined on oath in disproof of the charges against them. 4. The learned Judicial Magistrate Chilas announced the verdict of acquittal vide order/judgment dated 28/05/2016. The State being aggrieved of the above judgment filed the instant criminal appeal bearing No. Cr. Appeal 33/16. The appeal 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