Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 17(4),7(a),16

Law: Penal Code (XLV of 1860)

Section: 304(a)

(a) Offences Against Properly (Enforcement of Hudood) Ordinance (VI of 1979)---.--- ---.---Ss. 17(4), 7(a) & 16---.---Haraabah---.---Penal Code (XLV of 1860), Ss.319 & 304(a)---.---Punishment for Qatl-i-Khata and proof of Qatl-i- Amd liable to Qisas etc.---.---Criminal Procedure Code (V of 1898), S.164---.---Conviction based on confession---.---Accused was charged under Ss.302/34, 392 & 412, P.P.C., but he had been convicted under S.17(4) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, which was a graver charge---.---Neither the charge was amended at any stage, nor the altered charge was read over to accused and he was even not given an opportunity to defend himself, which amounted to a grave illegality---.---Accused was charged under P.P.C. and he had made confession under S.164, Cr. P. C. read with S.304(a), P.P.C.---.---Accused did not plead guilty of the commission of theft liable to Hadd as contemplated under S.7(1) read with S.16 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 yet he was convicted under S.17(4) of the said Ordinance---.---Admission of guilt under S.7(a) of the Ordinance was somewhat similar to S.243, Cr.P.C. and was an admission simplicitor, whereas the requirements of judicial confession being mandatory in nature, non-compliance thereof would render the confession invalid---.---Conviction of accused under S.17(4) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, on the basis of confession under S.164, Cr. P. C., therefore, was patently erroneous, without jurisdiction and of no legal effect---.---Theft of anything or property had not been made---.---Version of the F.I.R. was not consistent with confessional statement of accused and in the absence of post-mortem report it was not possible to establish as to which of the two accused had caused the death of the deceased---.---Confession of accused being truthful and honest was accepted in its entirety and .because of mitigating circumstances impugned was set aside,' but instead accused was convicted under S.319, P.P.C. and sentenced to five years' R.I. with Diyat amounting to Rs. 75,000 to be paid to legal…

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