Law: Criminal Procedure Code (V of 1898)

Section: 382B

Law: Pakistan Penal Code, 1860

Section: 302,109,34

(a) Criminal Procedure Code (V of 1898)--- ----S. 382-B---Penal Code (XLV of 1860), S.308---Constitution of Pakistan (1973), Art.199---Constitutional petition---Period of detention to be considered while awarding sentence of imprisonment---While awarding sentence of 14 years' R.I. to accused benefit of S.382-B Cr.P.C. was not given to him, nor any such request was made before any Court up to the level of Supreme Court---Provisions of S.382-B, Cr.P.C. being mandatory, Trial Court should have considered the same in favour of accused---Where provisions of law were not clearly defined, benefit of doubt had to be given to the accused---Likewise, where two interpretations of law were possible, interpretation favouring the accused had to be preferred---Period of accused spent as under-trial prisoner, therefore; was directed to be counted while calculating the whole period of 14 years' R.I. awarded to him by Trial Court---Benefit of S.382-B, Cr.P.C. was extended to accused and constitutional petition was allowed accordingly. 2000 SCMR 1655 and 2005 PCr.LJ 1776 ref. (b) Criminal trail--- ----Benefit of doubt---Principle---Where provisions of a law are not clearly defined, the benefit of doubt is given to the accused. (c) Interpretation of statutes--- ----Principle---Where two interpretations of law are possible, interpretation favouring the accused person is preferred. ORDER SYED SHABBAR RAZA RIZVI, J.---The learned counsel has invoked constitutional jurisdiction of this Court to voice his grievance that the learned trial Court failed to follow the mandatory provisions of section 382-B, Cr.P.C. which reads asunder:- "Where a Court decides to pass a sentence of imprisonment on an accused for an offence, it "shall" take into consideration the period, if any, during which such accused was detained in custody for such offence." According to the learned counsel, section 382-B, Cr.P.C. required trial Court to observe that the time spent by the petitioner as under trial prisoner would be counted while calculating the 14 years' imprisonment awarded to the petitioner/convict. However, the same was not observed by the learned trial Court. Unfortunately, the same point was not…

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