Law: Pakistan Penal Code, 1860

Section: 34,302,316,337-K,512

Law: Criminal Procedure Code (V of 1898)

Section: 22A,169,170,173,190(1)(b),190(3),265D

Law: Sindh Criminal Prosecution Service (Constitution, Functions and Powers) Ordinance (XXIX of 2006)

Section: 9

(a) Penal Code (XLV of 1860)--- ----Ss.302/337-K/34/316---Sindh Criminal Prosecution Service (Constitution, Functions and Powers) Ordinance (XXIX of 2006), S.9---Qatl-i-amd and causing hurt to extort confession or to compel restoration of property---Change of charging section of Penal Code---Powers of District Public Prosecutor---Scope---Application of accused challenging legality of order of change of section of Penal Code---Applicant/accused originally was charged under Ss.316/337-K/34, P.P.C., but on the direction of District Public Prosecutor S. 316, P.P.C. was deleted and S.302, P.P.C. was incorporated---Counsel for applicant contended that such change of section of P.P.C. was made on the direction of District Public Prosecutor who had no authority to direct such change and that neither material produced was considered nor there was any application of mind through a speaking order---Validity---Conduct of prosecution on behalf of government was the responsibility of the Prosecutors and every report under S.173,, Cr.P.C. including the report for cancellation of F.I.R. or discharge of a suspect or an accused had to be filed in the court after same was scrutinized by the Public Prosecutor---Prosecutors had the powers to return such report to officer incharge of a Police Station or the Investigating Officer, if he found it defective for the removal of identified defect---As result of such scrutiny as an expert his opinion could be placed before the court for its convenience and consideration, without any binding force---Prosecutor having expertise in the field was in a better position to opine that on the basis of the investigated fact accused could be tried under a specific provision and in the present case, the fact that the accused persons being officers/ officials of Public, could not be ignored---In view of such clear mandate provided to the Prosecutor, the opinion of District Public Prosecutor appeared to be in consonance with such mandate and the acceptance thereof by the Investigating Officer followed by changes of section of Penal Code could not be questioned---Court was ultimately to decide the provisions with which accused was charged. (b) Criminal…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492