Law: Criminal Procedure Code (V of 1898)

Section: 265D,249A,265K,XVI,XVII,203

Law: Penal Code (XLV of 1860)

Section: 196,120B,121A,124,131,153,153A,505,506,201,109,34

Law: Constitution of Pakistan, 1973

Section: 15,16,17,19,19A

(a) Criminal Procedure Code (V of 1898)-------S. 265-D---Charge, framing of---Trial Court, duty of---Object and purpose of section 265-D, Cr.P.C. stated.Section 265-D, Cr.P.C casts a duty upon the Trial Court to frame a charge. A charge is a gist and precise statement of the allegation(s) made against a person(s), which is the foundation of a criminal trial. It specifies the offence with which an accused is charged, by giving a specific name, if any, and the relevant provision(s) of law(s). Section 265-D provides that before framing of a charge, the Court must consider the FIR, the police report, all the documents, and the statements of the witnesses filed by the prosecution available before it in order to determine whether it has jurisdiction to take cognizance of the matter. If the Court is of the opinion that it is competent to take cognizance and prima facie reasonable grounds exist for proceeding with the trial of the accused, only then, charge has to be framed. Its object and purpose are to enable the Court to initiate judicial proceedings against an accused. It is a fundamental right of the accused to know the exact allegation(s) and offence(s) with which they are charged, in order to defend themselves so as to prevent prejudice. Upon considering all the material available before it, if the Court is of the opinion that it lacks jurisdiction and sufficient material or there exist no grounds for proceeding with the trial of the accused, it should refrain itself from framing charge, so as to avoid a purposeless and frivolous prosecution and abuse of process of the Court.(b) Criminal Procedure Code (V of 1898)-------Ss. 249-A & 265-K---Power of Trial Court to acquit the accused at any stage of the proceedings---Scope and principles relating to sections 249-A & 265-K, Cr.P.C stated.The Criminal Procedure Code, 1898 ("Cr.P.C.") has granted an inherent jurisdiction by virtue of sections 249-A and 265-K to the trial courts, as the case may be, to acquit any or all accused at any stage of the judicial proceedings for reasons to be recorded, after providing an opportunity of hearing to the parties. The words "any stage" used in both the sections include…