Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 232---Penal Code (XLV of 1860), Ss. 324 & 337-D----Attempt to commit qatl-i-amd; jaifah---Material error in framing of charge---Effect---Section 232, Cr.P.C. empowered the appellate court that in case where, on account of omissions of particulars in framing charge, the accused had been prejudiced and had not been provided an opportunity of clear understanding of the charge to defend himself, the court might either direct fresh trial or even quash the conviction---Accused, in the present case, had been prejudiced in his defence by not having been confronted with the proper charge against him-High Court, setting aside the conviction and sentence, directed the Trial Court to conclude de novo trial within three months' period after framing proper charge against the accused---Appeal against conviction was allowed accordingly. S.A.K. Rehmani's case 2005 SCMR 364 rel. (b) Criminal Procedure Code (V of 1898)--- ----Chapt. XIX [Ss. 221 to 240]----Framing of charge---Requirements---Charge against accused has to be specific, fair and clear in all respects to provide an opportunity to the accused to defend himself in due course of trial---Charge is not to be confusing so as to prejudice the accused---Charge must convey to the accused, in sufficient transparency and in clear terms, what the prosecution intends to prove against him---Charge is to contain all essential details as to time, place and specific manner as to commission of alleged offence with full description of the accusation to afford an opportunity to the accused to explain the same. S.A.K. Rehmani's case 2005 SCMR 364 rel. (c) Criminal Procedure Code (V of 1898)--- ----Chapt. XIX [Ss. 221 to 240] & 265----Framing of charge---Duty of Trial Court---Formulation of (proper) charge against accused is the duty of Trial Court---Trial Court is under the responsibility to keep the relevant law on the subject in mind coupled with S. 265,Cr.P.C at the time of formulating charge, so as to avoid future agonies and injustice to the parties. (d) Criminal trial--- ----Legal errors/flaws in trial---Duty of Trial Court---High Court observed that due to legal errors and…

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