Law:

Section:

(a) Explosive Substances Act (VI of 1908)--- ----Ss. 4 & 5---Pakistan Arms Ordinance (XX of 1965), S. 13-E---Criminal Procedure Code (V of 1898), Ss. 232, 233 & 235---Attempt to cause explosion, or for making or keeping explosives with intent to endanger life and property, making or possessing explosives under suspicious circumstances, possessing unlicensed arms---Trial for more than one offence--- Charge--- Scope---Separate charge-sheet, framing of---Scope---Trial Court while recording conviction and sentence of the accused persons had not specifically charge-sheeted the accused persons---Validity---Charge against accused should be specific, fair and clear in all respects to provide an opportunity to the accused to defend them in due course of trial---Charge was a brief formulation of specific allegations made against accused person, who was entitled to know its nature at the very early stage of trial and it must be conveyed to the accused with sufficient transparency and clarity as to what the prosecution intended to prove against them---Mandatory provisions of S. 233, Cr.P.C., provided that for every distinct offence a separate charge-sheet should be framed in order to enable the accused to defend himself against the accusations levelled against him---Section 235, Cr.P.C., provided a proper mechanism for trial of an accused, charged for more than one offence---In the present case, the Trial Court had not complied with mandatory provision of S. 233, Cr.P.C., by not framing separate charge against the accused persons---Appeal was allowed by setting aside convictions and sentences of the accused persons and matter was remanded to Trial Court for de novo trial. (b) Criminal Procedure Code (V of 1898)--- ----S. 342---Examination of accused by court---Scope---Incriminating material was to be put to the accused---Examination of accused under S. 342, Cr.P.C. was a mandate to enable the accused to explain any circumstance appeared against him in the prosecution evidence. Muhammad Shah v. The State 2010 SCMR 1009; Abdul Ghaffar v. The State 2011 MLD 239; Shiral alias Sher Ali v. The State 1999 SCMR 697 and Azeem Khan and another v. Mujahid Khan and others 2016…

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