Law: Criminal Procedure Code (V of 1898)

Section: 337(2A),337

Law: Pakistan Penal Code, 1860

Section: 364

(a) Criminal Procedure Code (h of 1898)------- -----S. 337 (2A) -If approver has been examined under subsection (2) though he may have resiled from his previous statement, accused must be committed to stand his trial in the Court of Session or the High Court as the case may be-Trial of accused by Magis­trate himself, held, to be without jurisdiction. In every case where a person has accepted- a tender of pardon and has been examined under subsection (2), the Magistrate before whom the proceedings are pending shall, if he is satisfied that there are reasonable grounds for be­ living that the accused is guilty of an offence, commit him for trial to the Court of Session or High Court, as the case may be. In this case the approvers though examined as a witness by the Magistrate taking cognizance of offences under sections 302 and 364 Pakistan Penal Code both went back upon their statements which had been previously recorder and professed complete ignorance of the facts which they had mentioned in their earlier statements. Thereupon, the Public Prosecutor made the following statement :--­ "The two approvers have denied all knowledge of the occurrence and have resiled from their statements recorded under section 3,37, Criminal Procedure Code. They will not, therefore, be examined any more in this case. The original offence of murder of Muhammad Nazir Machhi for which the two approvers were tendered pardon has not been proved. It is, therefore, requested that this case may be decided on the evidence on the record by the Court and need not be committed to the Court of Session." The Magistrate accepting the advice of the Public Pro­secutor proceeded with the trial of the accused and sentenced them under section 364, Pakistan Penal Code. Held, that the trial was without jurisdiction. Conviction and sentence set aside and accused ordered to be committed for trial. Further, that the construction that the words "an offence" in subsection (2A) mean any one of the offences which are mentioned in subsection (t) of section 337, which enume­rates the classes of cases in which and the conditions on which pardon may be tendered by a Magistrate to an accomplice is prima facie…

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