Law: Criminal Procedure Code (V of 1898)

Section: 243

(a) Criminal Procedure Code (V of 1898) S. 243-Plea of accused not recorded nor prosecution allegations put to him Conviction and sentence set aside. (b) Criminal Procedure Code (V of 1898) S 243-Statutory provision to record accused's admission as nearly as may be in accused's own words-Designed to enable trying Court and superior Courts to know that accused understood that he was really pleading guilty to offence charged. Date of hearing : ,16th January 1970.   ORDER This is a petition under section 439, Cr. P. C. by Doctor Ghulam Mustafa, who has been convicted- under Article 82 under Schedule 8 of section 4 of the Basic Democracies Order, 1959, and was sentenced to pay a fine of Rs. fifty. The order of the Magistrate recorded in the case is as follows:   (1) Date of commission of offence. Nil. (2) Name of complainant (if any). Chairman, Town Com mittee, Rabwah. (3) Name of accused. Doctor Ghulam Mustafa. (4) Parentage. Nil. (5) Residence. Rabwah. (6) Complained of offence. 82 B. D. O. (7) Offence, proved. Unauthorised construc tion. (8) Value of property respecting which offence committed.      Nil. (9) Summary of evidence for prosecution. Prosecution put to the accused. (10) Pleas of the accused and his examination (if any). Confession. (11) Summary of evidence for the defence and under section 540, Cr. P.C. if any. No evidence. (12) The finding and in the case of a conviction a brief statement of the reasons therefor. Convicted. (13) The sentence or other final order. Fined Rs. 50 (14) The date on which the proceedings terminated. (Sd.) M. I. C. Chiniot, 25-1-64. 2. It is urged that the conviction was recorded without taking any evidence and the accused stoutly denied that he pleaded guilty. It is…