Law: Criminal Procedure Code (V of 1898)

Section: 367

(a) Criminal Procedure Code (V of 1898)--- ----S. 367---Appreciation of evidence---Judgment, contents of---Accused was charged for misappropriation amount of Rs. 38,05,241/----Trial Court had given no reason for its finding except stating that the prosecution had produced two applications in which, the accused had admitted his guilt and he had deposited Rs. 14,00,000/- in the Government treasury which tantamounted to confession on his part---Defence took the plea that delivered by the Trial Court was in violation of S. 367 Cr.P.C. as the court had not evaluated the evidence---Statement of accused recorded under section 342 Cr.P.C. showed that he denied the claim of prosecution that he had deposited Rs. 14,00,000/- in the treasury and disowned the application about his confession---Trial Court was bound to appreciate the entire evidence and determine as to whether the claim of the prosecution was correct and proved---Trial Court had given brief summary of the depositions of the prosecution witnesses without evaluating them in the light of the cross-examination conducted by the accused---Circumstances established that delivered by Trial Court did not meet the legal requirements, therefore, was not sustainable---Appeal was allowed, impugned was set aside and case was remanded for re-writing of the in accordance with law. Abdul Sattar v. Sher Amjad and another 2004 YLR 580; The State v. Abba Ali Shah alias Abba Umer and another PLD 1988 Kar. 409; Gul Muhammad v. Kaimuddin 2012 YLR 218; Mollah Ejahar Ali v. Government of East Pakistan and others PLD 1970 SC 173; Pakistan Tobacco Company Ltd. v. Pakistan Chest Foundation PLD 1998 Lah. 100 and Muhammad Ismail and another v. The State 2004 PCr.LJ 1915 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 367---Judgment, contents of---Ingredients---Judgment to consist of three elements, namely, the points for determination; the decision thereon and the reasons for such decision. (c) Criminal Procedure Code (V of 1898)--- ----S. 367--- Judgment, contents of--- Section 367, Cr.P.C. was mandatory and not directory. Abdul Rashid Munshi and 3 others v. The State PLD 1967 SC 498; Sahab Khan and 4 others v. The State and…

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