Law: Criminal Procedure Code, 1898

Section:

 Criminal Procedure Code (V of 1898)----   ----- S. 342-Confers a basic right-Examination of accused without specific inquiry whether he would adduce defence evidence-Renders conviction illegal.   The right conferred by section 342, Criminal Procedure Code, 1898 is a basic right of the accused. Courts should be vigilant against detracting from the elements of the right as conferred by the section on the accused. Question whether the accused would like to examine any defence evidence, should be not in the mind of the Court only but should be expressed directly to the accused by the Court to elicit directly the view point of the accused with regard to his right and desire for bringing D. Ws. The mere fact of adjournment granted at the instance of the accused cannot indicate that the accused from before knew that he could bring his witnesses at that stage if he so liked. Failure of the Court to ascertain from the accused whether he has any defence to make renders the conviction illegal.   Moksed Ali Molla and others v. The State P L D 1960 Dacca 13 ref. JUDGMENT   In view of the order I am going to make in this case, it is not necessary to set out the facts. Suffice it to state that the petitioners along with two others who were charged under section 148 of the Pakistan Penal Code and acquitted by the trial Court were placed before Mr. M. A. Wahed, Magistrate, 1st Class, Rangpur to take their trial under sections 147 and 323 of the Pakistan Penal Code ; petitioner No. 4 having further been charged under section 325 of the Pakistan Penal Code.   Mr. M. A. Wahed, the learned Magistrate while acquitting the petitioners Nos. 1 and3 under section 147 of the Pakistan Penal Code convicted and sentenced them to rigorous imprisonment for 3 months and to pay a fine of Rs. 100 each under section 323 of the Pakistan Penal Code in default to rigorous imprisonment for 3 months each which was ordered to run consecutively, further convicting and sentencing the petitioner No. 4 to rigorous imprisonment for 3 months and to pay a fine of Rs. 100 in default to rigorous imprisonment for 3 months which was ordered to run consecutively ; again convicting…