Law: Criminal Procedure Code (V of 1898)

Section: 288,164

(a) Criminal Procedure Code (V of 1898), S. 288-Statement before Committing Magistrate transferred to Sessions file­-Substantive evidence at Sessions trial-Value ° Previous state­ment under S. 164 Criminal Procedure Code-May be used to corroborate or contradict subsequent statements before Commit­ting Magistrate or at Sessions trial. The statements of witnesses recorded in the Committing Court, when duly transferred under section 288, Criminal Procedure Code to the Sessions file form part of the Sessions record and become substantive evidence in the case. Their value is the same as that of the statements made in the Sessions Court itself and previous statements made under section 164, Criminal Procedure Code; can be used for the purpose of corroborating or contradicting the subsequent statements made in the Committing Court or in the Court of Session. A. I. R. 1942 L. 215; A. I. R. 1936 L. 357 ; A. I. R. 1925 L. 399; I.L.R.6 L.199; I.L.R.5L.324; (b) Criminal trial-Youthful offender- Sentence - Death changed to transportation f or life-Evidence of age. The appellant looked a youngish man and was impleaded as a minor under the guardianship of his brother in a rent suit filed by the deceased on 17th May 1948. The offence was committed on 26th July 1949. He may or may not have attained majority during the interval and the opinion of the doctor being based upon the number of the wisdom teeth and the number being not known, the question of his age was not free from doubt. Giving the appellant the benefit of doubt in regard to age, the sentence of death was altered to one of transportation for life. JUDGMENT Sarja son of Sada, resident of Pacca Dalla, District Sheikhupura, was tried on a charge under section 302, Pakistan Penal Code. He was convicted and sentenced to death. The sentence has been referred to this Court for confirmation and Sarja has appealed. The prosecution case is that Mst. Fatima, aged about 45 years, who is alleged to have been killed by the appellant, was given about half a square of land by her mother. The collaterals of her deceased father resented this and forcibly took possession of the land. Mst. Fatima filed a suit for recovery of the value…

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