Law: Criminal Procedure Code (V of 1898)

Section: 337(1)(2),339,164

Law: Pakistan Penal Code, 1860

Section: 149

(a) Criminal Procedure Code (V of 1898) S: 337 (1) (2)­-----Approver-Even a person indirectly concerned in or privy to offence may be tendered pardon-That approver assigned only a minor part to himself immaterial-Statement of approver must, be treated as evidence in case. Subsection (1) of section 337 lays down that it is within 'the competence of. the Magistrates mentioned therein to tender a pardon to a person, who was supposed even to be indirectly concerned in or privy to the offence. The mere fact that the approver-did not assign to himself as serious a part 'as he did to others 'could not make any difference. Subsection (2) of section 337 of the Code of Criminal Procedure makes it incumbent that the person who has, accepted a tender of pardon shall be examined as a witness in- the Court of the Magistrate taking cognizance of the offence and in the subsequent trial, if any. The action of a judge in not treating the approver as a witness is entirely, erroneous. It is open to the trial Judge to disbelieve the approver but there is no provision of law, under which it was open to him to say that he will not treat the approver as a witness but will, on the other hand, order that he shall be tried as an accused person for offends about which he had given evidence. (b) Criminal Procedure Code (V of 1898), S. 339-Only Public Prosecutor and not 'the trial Judge is competent to certify. It is only the Public Prosecutor who can certify that in his opinion a person who has accepted a tender of pardon has, either by willfully concealing anything essential or by giving false evidence, not complied with the conditions on which the tender was made and it was not within the province of the trial judge to give such a certificate. (c) Approver-Statement of-Must satisfy two essentials (1) that he took part in the crime and (2) that he is corroborated in material particulars as regards the participation of each of the accused. (d) Criminal Procedure Code (V of 1898), S. 164-Satis­faction of Magistrate that confession was voluntary-Whether putting only the questions prescribed in printed form not enough, (e) Penal Code (XLV of 1860), S. 149-Application of section not dependent…

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