Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------Ss. 235 & 239---Constitution of Pakistan (1973), Art. 203F(2B)---Single charge with three heads was framed to stand joint trial with respect to the respective offences committed by the accused according to their individual roles---Validity---Different acts committed by the accused in the case had, prima facie, made out a series of events linked - in a manner so as to constitute a single transaction commencing with the abduction of the complainant---Question as to whether the abduction had taken place with knowledge or connivance of co-accused and whether the motive for abduction was to remove the kidney of the abductee were relevant and were to be examined on the basis of evidence recorded by the Trial Court in support of the charge--Provisions of Ss. 235 and 239, Cr. P. C. were attracted to such cases, which provided that if a single act or series of acts is of such a nature that it is doubtful about each of the several offences, the facts which could be proved would render the accused liable to conviction for having committed all or any of such offences---Mere fact that the role of one or more accused persons did not cover the entire series of events had to be considered by Trial Court in the evidence at the trial, where each individual link's of the chain of evidence had to be considered, but it would not make out a ground for framing a separate charge---When two offences were obviously linked together, the second having been committed to cover to first, both were complementary to each other and therefore, fell in the same series of acts which constituted two different offences---Same principle was attracted to the facts of the present case involving trial for a charge with three distinct heads---Petition for leave to appeal was dismissed in circumstances. Shah Nawaz v. The State 1968 SCMR 1379 rel. (b) Criminal Procedure Code (V of 1898)--- ---Ss. 265-K & 561-A--- Constitution of Pakistan (1973), Art.203F(2B)---Appeal against acquittal of accused under S. 265-K, Cr.P.C. by Federal Shariat Court---Evidence, both oral and documentary, was available on record with respect to the allegation of removal of…

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