2022 Y L R 2123
Criminal Procedure Code (V of 1898)---
----Ss.221, 242 & 265-D---Framing of charge---Object, purpose and scope---Trial of accused is commenced on framing of charge---Purpose and object of framing of charge is to tell an accused precisely and concisely as possible the matter in which he is being charged---Such is to convey an accused with sufficient clearness and certainty as to what prosecution intends to prove against him and making him aware of abreast and alter about allegations and basis on which allegations are levelled against him---Accused is entitled to know its nature at the earliest stage and of which he could have to clear himself---Charge is base and foundation of prosecution case and answer to charge is also equally important for ultimate result of case and fate of accused---Reasonable, rational and plausible answer to charge and taking plea, if any by accused, may be relevant to defence point of view for which proper juncture is the time when charge is answered.
Criminal Procedure Code (V of 1898)---
----Ss. 161, 164, 173, 242 & 265-D---Framing of charge---Principle---Documents, reliance on---Report under S. 173, Cr.P.C. or FIR alone are not the documents which would show commission of offence---While framing of charge, prosecution case as a whole is to be seen, which includes recovery memo, site plan, statements of witnesses under Ss.161 & 164, Cr.P.C., post mortem report and confessional statements of accused, etc.---Spectrum of charge should be such that all eventualities and exigencies till conclusion of trial can be met with caution, so that no prejudice is caused to either party.
Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979)--
----Art. 17(4)---Penal Code (XLV of 1860), Ss.302(b), 390, 394, 411 & 412---Constitution of Pakistan, Art. 10-A---Criminal Procedure Code (V of 1898), Ss. 221, 537---Qatl-i-Amd, Haraabah, robbery, causing hurt in robbery, recovery of stolen articles---Defect in charge---Error, correction of---Fair trial---Double murder during robbery---Accused was alleged to have committed murder of two ladies during commission of robbery---Trial Court convicted accused and sentenced him to imprisonment for life---Validity---Provision of S. 537, Cr.P.C. applies to an error arising out of mere inadvertence---Wilful departure from procedure cannot be cured by pressing into service S.537, Cr.P.C.---Such was a case of robbery and object of intruders was to commit robbery, as was manifested from the fact that they had removed ornaments of gold and cash amount from the house they entered into i.e. house of complainant---During the course of robbery they committed murder of two innocent ladies in callous and gruesome manner by cutting their throats with Churri (knives)---Trial Court during trial and while passing conviction and sentence committed illegalities and incurable defects---Federal Shariat Court set aside conviction and sentence awarded to accused and remanded the matter to Trial Court for de novo trial from the stage of defect in the trial, namely framing of charges---
Constitution of Pakistan---
----Art.10-A---Right of fair trial---Scope---Besides being a blessing and natural right as of now, right of fair trial is a fundamental right also and enjoys Constitutional protection provided by virtue of Art.10-A of the Constitution---Such right can neither be abridged and denied, nor it be avoided in any manner---Courts of country are under Constitutional obligation to ensure that right of fair trial is awarded by observing due process of law---Term fair trial has not been defined in the Constitution, and prerequisites thereof have also not been described, with intent to give the term same meaning, that is broadly and universally recognized and embedded in the criminal jurisprudence---Trial in contravention, disregard and non-compliance of substantial and mandatory provisions relating to mode of conduct of trial, vitiates the trial.
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