Law: Criminal Procedure Code (V of 1898)

Section: 412

(a) Criminal trial  Evidence-Plea of guilty-To be considered on basis of circum stances proved against accused-Proved facts not constituting offence- Accused, held, cannot be convicted on strength of his statement-Criminal Procedure Code (V of 1898), S. 412.-[Evidence]. The plea of guilty to .be read in the statement of the accused is to be considered on the basis of the circumstances proved against him. It i4 not enough for the purposes of conviction of the accused on tae strength of his own statement that he should plead guilty to a penal section of the law which cannot be read either in his own statement or of that of his accomplice. There is no denying the fact that section 412, Cr. P. C. creates complete bar against calling into question in appeal, the conviction based on plea of guilty, but the exception on the point of legality and extent of sentence is always there. This being so, the trial Court is judicially called upon to examine the facts brought on the record against the accused as to whether it amounts to an offence having been committed by the accused person and if the proved facts do not constitute an offence then mere petition for mercy by the accused person relates only to the existence of those facts, which by no means converts it into a penal offence. Nurman Shah v. The State P L D 1967 Pesh. 191 ref. (b) N.W.F.P. Hazara Forest Act (VI of 1937) S. 39(3) read with S. 10-Conveyance of offender cannot automa tically be forfeited without order of Magistrate-Forest Act (XVI of 1927)-North-West Frontier Province Forest Produce Transport Rules, 1975, r. 12. Date of hearing : 31st May 1976.                                                                                                                                     JUDGMENT Three persons namely Hajimud Din, driver of truck No. M R 3405, Rashid cleaner…