فوجداری مقدمات میں فرد جرم کی اہمیت اور فرد جرم عائد کرتے ہوئے ٹرائل کورٹ کی ذمہ داریوں کے بارے سپریم کورٹ آف پاکستان کا رہنما فیصلہ۔

 2024 SCMR 843

Framing of charge is the foundation of trial; section 221 of Cr.P.C. provides an elaborate procedure for framing of charge; it is the responsibility of the Trial Judge to take all necessary and possible steps to ensure compliance of law with regard to framing of proper and unambiguous charge; if necessary ingredients of the offences with which the accused is charged, are not mentioned in the charge, or it is framed in an incomplete, defective or vague manner, it might mislead the accused, which would be a failure of justice.

Under the criminal administration of justice, a criminal case is initiated upon registration of an FIR and a police officer is appointed as an I.O. to undertake a formal investigation into the complaint of breach of law. If the I.O. finds that there is no sufficient evidence or reasonable grounds of suspicion to justify the forwarding of a person in custody to a Magistrate, the I.O. by exercising power under section 169 of the Code of Criminal Procedure (“Cr.P.C.”) release him on his executing a bond with or without sureties. If the I.O. finds that there is sufficient evidence or reasonable grounds of suspicion in support of the allegations, he shall forward a police report under section 173 of the Cr.P.C. known as Challan, within the stipulated period, along with the person under custody to a Magistrate empowered to take cognizance of the offence. The Trial Court then initiates proceedings in a manner, provided by Chapter XXII-A of the Cr.P.C. Section 265-D of the said Chapter of the Cr.P.C. provides that if, after perusing the police report or, as the case may be, the complaint, and all other documents and statements filed by the prosecution, the court is of opinion that there is ground for proceeding with the trial of the accused, it shall frame in writing a charge against the accused. Framing of charge is the foundation of trial, with a purpose and object to enable accused to know the exact nature of allegations and the offences with which he is charged, so that he is given reasonable opportunity to prepare his case and defend himself. Similarly, it enables the prosecution to produce relevant evidence in support of its case against the accused in order to prove the charge. Framing of proper charge is, therefore, significant for the court concerned to be cautious regarding the real points in issue, so that evidence could be confined to such points and to reach a correct conclusion.

Section 221 of the Cr.P.C. has provided an elaborate procedure for framing of charge. It requires that all material particulars as to time, place, as well as specific name of the alleged offence, if any; the relevant law, its applicable section(s), sub-section(s) and clause(s) in respect of which the offence is said to have been committed, shall be mentioned in the charge. Where any particular section of law with which a person is intended to be charged contains several parts, the relevant part of that section which depicts from the police report and the material available on record, should be mentioned therein. It is the responsibility of the Trial Judge to take all necessary and possible steps to ensure compliance of law with regard to framing of proper and unambiguous charge. Steps should also be taken to explain the charge to the accused to a possible extent, enabling him to fully understand the nature of allegations against him. If necessary ingredients of the offences with which the accused is charged, are not mentioned in the charge, or it is framed in an incomplete, defective or vague manner, it might mislead the accused, which would be a failure of justice. It is, however, to be noted that every omission in a charge cannot be regarded as material illegality or irregularity, unless the accused is in fact misled by such error or omission and it has occasioned a failure of justice, as provided by section 225 of the Cr.P.C.

Crl.P.L.A.29-K/2022

Zain Shahid v. The State