Law: Pakistan Penal Code, 1860

Section: 34,84,302,337ADF,354

Law: Criminal Procedure Code (V of 1898)

Section: 464,465

(a) Penal Code (XLV of 1860)--.-- --.--Ss. 84, 302, 337, 354 & 34--.--Criminal Procedure Code (V of 1898), Ss.464 & 465--.--Act of a person of unsound mind, qatl-i-amd, shajjah, assault or criminal force to women with intent to outrage her modesty, common intention--.--Insanity, proof of--.--Accused filed application under S.464, Cr.P.C., for referring him to the Medical Board for examination being an unsound mind, during pendency of the trial--.--Said application was dismissed by the Trial Court--.--Trial Court had conducted preliminary inquiry and after examining accused had observed that; applicant/accused looked a fit person mentally, physically and psychologically; that each and every question asked to him of general nature and regarding matters of life, such as marriage, hobbies, daily activities, past moments, family relations etc., he did understand them--.--Trial Court proceeded with the trial of accused--.--Validity--.--When court would find that insanity was feigned one, the court was competent to reject such plea and it was not mandatory to send such accused for medical checkup and postpone the trial--.--Merely because accused made an application that he was of unsound mind was not sufficient for holding an inquiry under S.464 or 465, Cr.P.C.--.--Burden of proof of insanity lay on accused and under S.84 of P.P.C., the crucial point of time; at which unsoundness of mind should be established, was the time of the trial, when the act, constituting the offence, was committed--.--Medical report submitted by Standing Board, had revealed that accused was suffering from "Bipolar disorder"--.--Person suffering from bipolar mental illness could not be considered as a person of unsound mind--.--Petition of accused was dismissed by High Court. Jalal Din v. The State 1968 PCr.LJ 187 and Black's Law Dictionary ref. (b) Medical jurisprudence--.-- --.--Person of unsound mind--.--Scope--.--Bipolar disorder--.--Nature--.--"Bipolar disorder" which was also known as 'manic-depressive illness', was a brain disorder that would cause unusual shifts of mind, energy, activity levels and the ability to carry out day-to-day tasks--.--Bipolar disorder was of four types…

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