Law: Criminal Procedure Code (V of 1898)

Section: 265-D

Criminal Procedure Code (V of 1898)--- ----S. 265-D---Framing of charge---Scope assailed order passed by Trial Court whereby it deleted the offences under Ss. 367-A, 377 & 511, P.P.C. and referred the matter to Judicial Magistrate for trial of other offences under Ss. 337-A(i) & 337-L(2), P.P.C.---Prosecution case was that the victim was going to his school when the respondents/accused persons abducted him on gun-point, took him near a shrine and demanded him to remove his pants, on his refusal, they started beating him; he raised hue and cry, which attracted prosecution witnesses, whereupon accused persons fled away---Section 265-D, Cr.P.C. indicated that the court, for the purpose of framing a charge, had to consult the police report, complaint, other documents, statements filed by prosecution and nothing else---Complaint, FIR and statements under S. 161, Cr.P.C. showed prima facie attraction of offences under Ss. 376-A, 377 & 511, P.P.C. but the Trial Court while ignoring the same had deviated from the powers given under S. 265-D, Cr.P.C.---Revision petition was allowed and the Trial Court was directed by the High Court to take up the file and carry on the proceedings warranted under the law. THIS JUDGMENT DELIVERED BY: MUHAMMAD TARIQ ABBASI, JUSTICE:---.--- This revision petition calls in question the order dated 18.06.2019 of the learned Additional Sessions Judge, Talagang, District Chakwal, whereby during proceedings in case FIR No. 23, dated 23.02.2019, registered under sections 337A(i)/ 337-L(2)/367-A/377/511 P.P.C., at Police Station Taman, District Chakwal, the offences under sections 367-A/377/511, P.P.C., have been deleted and for trial of the other offences under sections 337A(i)/ 337-L(2), P.P.C., the matter has been referred to the Judicial Magistrate. 2. The above mentioned case was got lodged by the present petitioner namely Gul Asif, against the respondents namely Noor Hassan, Muhammad Tariq, Ameer Hussain and Aziz (hereinafter referred to as the respondents), with the contentions that on 23.02.2019, at about 8:00 a.m., when Noman Asif PW was going to his school, the respondents on gun-point, while picking and throwing him in a…

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