Law: Criminal Procedure Code (V of 1898)

Section: 221,242,265-D

Law: Constitution of Pakistan, 1973

Section: 10-A

(a) Criminal Procedure Code (V of 1898)--- ----Ss.221, 242 265-D---Framing of charge---Object, purpose and scope---Trial of accused is commenced on framing of charge---Purpose and object of framing of charge is to tell an accused precisely and concisely as possible the matter in which he is being charged---Such is to convey an accused with sufficient clearness and certainty as to what prosecution intends to prove against him and making him aware of abreast and alter about allegations and basis on which allegations are levelled against him---Accused is entitled to know its nature at the earliest stage and of which he could have to clear himself---Charge is base and foundation of prosecution case and answer to charge is also equally important for ultimate result of case and fate of accused---Reasonable, rational and plausible answer to charge and taking plea, if any by accused, may be relevant to defence point of view for which proper juncture is the time when charge is answered. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 161, 164, 173, 242 265-D---Framing of charge---Principle---Documents, reliance on---Report under S. 173, Cr.P.C. or FIR alone are not the documents which would show commission of offence---While framing of charge, prosecution case as a whole is to be seen, which includes recovery memo, site plan, statements of witnesses under Ss.161 164, Cr.P.C., post mortem report and confessional statements of accused, etc.---Spectrum of charge should be such that all eventualities and exigencies till conclusion of trial can be met with caution, so that no prejudice is caused to either party. (c) Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979)-- ----Art. 17(4)---Penal Code (XLV of 1860), Ss.302(b), 390, 394, 411 412---Constitution of Pakistan, Art. 10-A---Criminal Procedure Code (V of 1898), Ss. 221, 537---Qatl-i-Amd, Haraabah, robbery, causing hurt in robbery, recovery of stolen articles---Defect in charge---Error, correction of---Fair trial---Double murder during robbery---Accused was alleged to have committed murder of two ladies during commission of robbery---Trial Court convicted accused and sentenced him to imprisonment…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492