Law:

Section:

Criminal Procedure Code (V of 1898)----------S. 341-Deaf-mute capable of understanding proceedings-Magistrate after con­viction referring case to High Court- Case returned to Magis­trate for passing suitable sentence. Where from the observations made by the Magistrate that the accused a deaf-mute, could understand the nature of the act imputed to him, that he pleaded not guilty and that, by making gestures he admitted his pervious conviction, it appeared that the accused was capable of understanding the proceedings held against him, the case was returned by the High Court to the Magistrate concerned for passing a suitable sentence against the accused. Cr. Rev. No. 1421 of 1932; and Cr. Rev. No. 771 of 1947 rel. I have today convicted an unknown deaf-mute under section 379/75 Pakistan P. C. The name, parentage or other particulars of this deaf and dumb were not given in the challan and could not be ascertained by me. I also tried to find out if the accused had any friends or relatives who are accustomed to communicate with him in the ordinary affairs of life but without any success. The accused could not be made to understand the proceedings but nevertheless during trial I gathered that he had sufficient intelligence to understand the criminal character of his act. The conduct of the accused at the time of his arrest and during trial and keeping in view his previous history indicated that the possibility of some other clever persons utilizing this deaf-mute in the perpetration of crimes is not excluded. After convicting the accused the proceedings have been stayed under section 341 Criminal Procedure Code. The proceedings and the above report may now be forwarded to the High Court under the said section to pass such orders thereon as it thinks fit. ORDER OF THE HIGH COURT MUHAMMAD, JAN, J.-Mian Muhammad Ishaq, Magistrate 1st Class with section 30 powers at Sargodha has convicted a man, who is deaf and dumb, under section 379/75 Pakistan P. C. His name and address could not be ascertained owing to his disabilities but he is alleged to have been caught red­-handed. by Ali Muhammad (P. W. 1) from whose pocket he is., said to have picked three currency notes of Rs.…

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