Case Details

Citation(s)
2018 SLG 1892 2018 SLD 1892 2018 PLD 703

Suo Motu Case No. 3 of 2017, decision & hearing Dated: 27-06-2018.
ASIF SAEED KHAN KHOSA, JUSTICE IJAZ UL AHSAN, JUSTICE SYED MANSOOR ALI SHAH, JUSTICE
Syed Nayyab Hussain Gardezi, Assistant Attorney-General for Pakistan. Tariq Mehmood Jahangiri, Advocate-General, Islamabad. Qasim Ali Chauhan, Additional Advocate-Gneral, Punjab. Shehryar Qazi, Additional Advocate-General, Sindh. Zahid Yousaf Qureshi, Additional Advocate-General, Khyber Pakhtunkhwa. Ayaz Khan Swati, Additional Advocate-General, Balochistan.

SUO MOTU CASE RE: THE ISSUE AS TO WHETHER COMPOUNDING OF AN OFFENCE UNDER SECTION 345, CR.P.C. AMOUNTS TO ACQUITTAL OF THE ACCUSED PERSON OR NOT.

Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 345(6) & 338-E(1), first proviso---Penal Code (XLV of 1860), Chapt. XVI, [Ss.299 to 338-H]---Waiver or compounding of offence---Compromise with legal heirs---Effect---As a result of a successful and complete compounding of a compoundable offence in a case of Ta'zir under S.345, Cr.P.C., with permission or leave of the relevant court where required, an accused person or convict was to be acquitted by the relevant court which acquittal shall erase, efface, obliterate and wash away his alleged or already adjudged guilt in the matter apart from leading to setting aside of his sentence or punishment, if any---Obliteration and removal of the offence and its erasing and effacing from the record as a result of compounding had the effect of absolving the accused person or convict of the act, acquittal from the charge and clearance from the actual guilt---Acquittal or the effects of it in criminal law were necessarily relevant to guilt of a person and criminal jurisprudence and law did not envisage or contemplate removal of punishment while impliedly maintaining a person's guilt---All the offences affecting human body including murder and causing of hurt falling in Chap. XVI of the Pakistan Penal Code, 1860 were capable of being waived or compounded. Chairman Agricultural Development Bank of Pakistan and another v. Mumtaz Khan PLD 2010 SC 695; English Synonymes Explained In Alphabetical Order; with Copious Illustrations and Examples by George Crabb, A. M. (published by William Clowes and Sons, London, 6th Edition, 1837); English Synonymes Explained In Alphabetical Order; with Copious Illustrations by George Crabb, A. M. (published by LEIPSIC, a New Edition, 1839); Crabb's English Synonymes by George Crabb, A. M. (published by Grosse and Dunlap Publishers, New York, 1917) and Webster's New International Dictionary of the English Language by William Allan Neilson, Thomas A. Knott, Paul W. Carhart (published by G. & C. Merriam Company Publishers, 2nd Edition, 1957) ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 345---Compounding of offence---Principles. Following are the principles relating to compounding of…
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