Law: Criminal Procedure Code (V of 1898)

Section: 252, 253, 254

  (a) Criminal trial Evidence- Statement of deceased co -accused-Cannot be used against other accused. Ghulam Muhammad v. The State P L D 1961 Lah. 146 ref. (b) Criminal trial Evidence-Complainant not required to examine all his witnesses before framing of charge. (c) Criminal Procedure Code (V of 1898), Ss. 252, 253 & 254-Charge can only be framed on basis of statements recorded under Ss. 252 & 253-Charge cannot be framed on possibility that a witness not examined might implicate accused. Section 252, Cr. P. C. requires a Magistrate to hear the complainant, to "take all such evidence as may be produced in support of the prosecution", and to ascertain from the complainant the names of his witnesses. Under section 253 if, after taking all the evidence referred to in section 252, and examining the accused, if necessary, the Magistrate finds that no case has been made out against the accused, he shall discharge him, but by virtue of subsection (2) he is free to do so at any previous stage of the case if he considers the charge to be groundless. Finally, section 254 is the section under which the charge is framed. From a perusal of the sections, it will be seen that whilst the prosecution is not required to examine all its witnesses before the framing of the charge the Magistrate has to frame the charge on the basis of the evidence "taken" and the examination of the accused. On a plain reading of the section, it is clear beyond doubt that a charge can only be framed on the basis of the statements recorded under sections 252 and 253, because that alone is evidence. The heading to section 254 states: "Charge to be framed when offence appears proved." The words "appears proved" are significant, and can only have reference to the depositions recorded by the Magistrate under section 252, Cr. P. C. They cannot possibly cover the possibility that a witness not examined might implicate the accused in his trial. There is also nothing in the language of the section to support the view that a charge can be framed on the possibility that a witness not examined might implicate the accused, therefore this fortifies the…