Law: Pakistan Criminal Law Amendment Act (XL of 1958)

Section: S. 8

(a) Pakistan Criminal Law Amendment Act (XL of 1958), S. 8---Evidence on which Special Judge can rely must be evidence properly recorded by a Court competent :o try accused when such evidence was recorded-Pakistan Criminal Law Amendment Act (XXXVII of 1953), S. 4 (4)-Prevention of Corruption Act (11 of 1947), S. 5 (2).   The evidence on which a Special Judge could rely in accordance with the provisions of section 8 of the Pakistan Criminal Law Amendment Act, 1958, must be the evidence as recorded by a Court competent to try the accused when such evidence was recorded. To hold otherwise would lead to the absurd result that the Special Judge would be competent to act on evidence recorded by anybody irrespective of the consideration whether it is recorded by a Court or a Magistrate or by any other individual, or whether It is recorded in an informal manner without any jurisdiction to record the same.   After the passing of the Pakistan Criminal Law Amend ment Act, 1953 a Magistrate has no jurisdiction to try a case under the Prevention of Corruption Act, 1947. Where a Magistrate after the commencement of the Pakistan Criminal Law Amendment Act, 1953 on 17th of November 1953 continues with the trial of a case under the Prevention of Corruption Act, 1947, the proceedings before him after the said date would be without jurisdiction and void ab initio.   Where conviction of a person under sections 408 and 477-A of the Penal Code, 1860 (offences mentioned in clause (a) of Second Schedule to Act XXXVII of 1953) was based by the Special Judge on the evidence recorded after 17th November 1953 by a Magistrate who was by virtue of subsection (4) of section 4 of the Pakistan Criminal Law Amendment Act, 1953 no longer competent to try the accused after the said date namely 17-11-1953, it was held that the conviction of the accused was based upon evidence which was not evidence in the eye of law. The conviction of the accused and the sentences passed on him were consequently set aside.   (b) Re-trial- Accused's trial kept in suspense for 7 years ---Ordering retrial, held, not justified.   JUDGMENT   MURSHED, J.-This is an appeal by one Basanta…