Law: Penal Code (XLV of 1860)

Section: 302

Law: Criminal Procedure Code (V of 1898)

Section: 342

(a) Penal Code (XLV of 1860)--- ----S. 302--- Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd---Appreciation of evidence---Examination of accused---Scope---Accused was alleged to have murdered his sister-in-law and launched murderous assault upon his brother-in-law---Medical officer had stated in the postmortem report that the probable time between death and postmortem was 30 hours but later on she (doctor) issued a corrigendum in which it was stated that the time between death and postmortem was 6 hours---Accused challenged his conviction on the ground that the trial court did not confront him with the corrigendum issued by the medical officer while examining him under S. 342, Cr.P.C., which had prejudiced him---High Court observed that the accused was prejudiced and miscarriage of justice had occasioned---Appeal was accepted and the case was remanded to the Trial Court for re-trial from the point where the irregularity had occurred. Muhammad Nawaz alias Muhammad and 6 others v. The State 1991 PCr.LJ 156 and Ch. Abdul Majeed v. The State 2004 YLR 747 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 342---Examination of accused---Scope---Section 342, Cr.P.C. consists of two parts---First part ordains that at any stage of inquiry or trial the court may, without previously warning the accused, put him questions to elicit his explanation and in respect of any evidence brought against him, the second part casts a duty on the court to question the accused generally on the case after the prosecution witnesses have been examined and before he is called on for his defence. (c) Criminal Procedure Code (V of 1898)--- ----S. 342---Examination of accused---Scope--- Salient features of S. 342, Cr.P.C. may be summarized as (a) statement must be recorded without oath; (b) the accused cannot be punished for refusing to answer the questions or giving false replies; (c) the court may take into consideration the answers given by the accused while ruling for or against him. Atta Muhammad and 2 others v. The State 1994 PCr.LJ 181; Asif Ali Zardari and another v. The State PLD 2001 SC 568; S.A.K. Rehmani v. The State 2005 SCMR 364; Ashiq Ali v. The State 2005 PCr.LJ…

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