Law: Pakistan Penal Code, 1860

Section: 396,452

Law: Anti Terrorism Act, 1997

Section: 7(a),21-L,32

Law: Criminal Procedure Code (V of 1898)

Section: 221,233,237,537

Law: Offences Against Property (Enforcement of Hudood) Ordinance 1979

Section: 17(4)

(a) Penal Code (XLV of 1860)--- ----Ss. 396 & 452---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(4)---Anti-Terrorism Act (XXVII of 1997), Ss.7(a) & 21-L---Criminal Procedure Code (V of 1898), Ss.221, 233, 237 & 537---Dacoity with murder, house-trespass after preparation for hurt, assault or wrongful restraint, haraabah, act of terrorism, abscondance---Appreciation of evidence---Charge against accused persons, was framed under Ss.396, 452, P.P.C., under S.17(4) of Offences Against Property (Enforcement of Hudood) Ordinance, 1979 and S.7(a) of Anti-Terrorism Act, 1997, but they were convicted and sentenced under S.21-L of Anti-Terrorism Act, 1997, despite omission to frame charge under said provisions of law; while accused persons were acquitted in all other heads of charge---Validity---Omission to frame charge was fatal, going to the root of the case, causing prejudice to accused persons, resulting in mis-carriage of justice---Inability on the part of the Trial Court to frame charge, not only offended the provisions of S.233, but that of S.221, Cr.P.C.---Inability on the part of Trial Court to frame charge was strong circumstance to be considered for acceptance of appeal, which was also violative of Arts.9 & 10(1) of the Constitution---Section 537(b), Cr.P.C., was also of little help to the prosecution, because it dealt with any error, omission or irregularity in the mode of trial including mis-joinder of charges; same could not be applied to an infringement of statutory compulsion---Section 237, Cr.P.C., which was controlled by S.236, Cr.P.C., was an exception to the general rule that a person could not be convicted of an offence of which he was not charged and of which he had no notice---Provisions of S.237, Cr.P.C., could not be invoked for a distinct offence, or for an offence which fell under different penal statute---In order to declare a person, proclaimed offender it was necessary that factum of issuance of coercive measures, including the proclamation, must be in the knowledge of person who was intentionally avoiding his arrest or evading process---Evidence of abscondance, if any, produced by the…

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