| Citation(s) |
|---|
| 2024 SLG 202 2024 SLD 202 2024 PLD 235 |
Supreme Court of Pakistan
Civil Appeal No. 1191 of 2016 and Constitution Petition No.18 of 2000, decided on 12th September, 2023.(On appealagainst the judgment dated 20.05.2015 passed by the LahoreHigh Court, Lahore in Writ Petition No. 1146 of2010).(Constitution Petition
Present: Umar Ata Bandial, H.C.J., Munib Akhtar and Sayyed Mazahar Ali Akbar Naqvi, JJ
Appellant/Petitioners in person (in both cases).Sajid Ilyas Bhatti, Addl. Attorney General, Barrister Hassan Adeel, Major Haider Sultan, JAG Branch and Major Zeeshan Zaman for the State.
Civil Appeal No. 1191 of 2016 and Constitution Petition No.18 of 2000, decided on 12th September, 2023.(On appealagainst the judgment dated 20.05.2015 passed by the LahoreHigh Court, Lahore in Writ Petition No. 1146 of2010).(Constitution Petition
Present: Umar Ata Bandial, H.C.J., Munib Akhtar and Sayyed Mazahar Ali Akbar Naqvi, JJ
Appellant/Petitioners in person (in both cases).Sajid Ilyas Bhatti, Addl. Attorney General, Barrister Hassan Adeel, Major Haider Sultan, JAG Branch and Major Zeeshan Zaman for the State.
Ex. Col. MUHAMMAD AZAD MINHAS and another---Appellants/PetitionersVersusFEDERATION OF PAKISTAN through Secretary Ministry of Defence and others---Respondents
Law: Pakistan Army Act, 1952
Section: 111(5)
Law: Pakistan Army Rules, 1954
Section: 21(4),51(7),51(8)
Law: Criminal Procedure Code (V of 1898)
Section: 236,237
(a) Pakistan Army Act (XXXIX of 1952)--- ----S. 111(5)---Pakistan Army Act Rules, 1954, Rr. 21(4) & 51(7) & 51(8)---Criminal Procedure Code (V of 1898), Ss. 236 & 237---Principal charge/offence under the Pakistan Army Act, 1952 not proved---Conviction for an alternative charge/offence---Legality---Whether an accused person under the Pakistan Army Act, 1952 can be convicted for an alternative charge/offence in case the principal charge/offence is not proved---Held, that the concept of alternative charge is not unknown in the sphere of Pakistan Army Act---Section 111(5) of the Pakistan Army Act and Rules 21(4) and 51(7) & (8) [of the Pakistan Army Act Rules, 1954] speak about the framing and punishment of an accused under alternative charge/offence---If an accused is charged with one offence but from the evidence appears to have committed a different offence for which he might have been charged under the said provisions of law, he may be convicted for the offence he is found to have committed, although he was not charged with the same---Furthermore cumulative reading of sections 236 & 237, Cr.P.C shows that if an accused is charged with one offence but from the evidence appears to have committed an alternative offence for which he might have been charged under the provisions of that section, he may be convicted for an offence which he is shown to have committed, if supported by record, although he was not charged with the same---Even this aspect is not absolute, as in absence of any alternative charge he can be convicted for any offence if it covers the ingredients of said offence---In the present case, the appellant/ petitioner were not only charged for the main offence but for the alternative charges as well, which is spelled out from bare reading of charge sheet---All courts (below) after evaluating the evidence led by the prosecution found that the main offence could not be proved against them but as there was sufficient evidence to sustain their conviction under the alternative charge, hence, they were convicted accordingly---Appeal and Constitutional petition were dismissed. Jiand v. The State 1991 SCMR 1268 ref. (b) Pakistan Army Act (XXXIX of 1952)---…
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