Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: ALLAH BAKHSH VS Respondent: THE STATE
1988 M L D 482
1988 M L D 482
[Lahore]
Before Muhammad Munir Khan, J
ALLAH BAKHSH--Appellant
versus
THE STATE--Respondent
Appeal No. 19/BWP of 1985, decided on 30th May, 1988.
Criminal Procedure Code (V of 1898)-
---S. 342--Penal Code (XLV of 1860), S. 161--Statement of accused under S. 342, Cr.P.C.--Statement of accused recorded by Magistrate immediately after raid not put to him while examining him under S. 342, Cr.P.C: -Conviction and sentence set aside and case remanded for decision in accordance with law.
Sardar Muhammad Aslam Khan for Appellant.
JUDGMENT
This Criminal Appeal arises from the judgment of the learned Special Judge Bahawalpur Camp at Bahawalnagar whereby he on 25-6-1985 convicted Allah Bakhsh appellant a/s. 161, PPC and 5(2) of the Prevention of Corruption Act, 1947 and sentenced him to one year R.I. and a fine of Rs. 1,000 or in default 4 months' R.I. on each count with the direction that the sentences would run concurrently.
2. Since after hearing the learned counsel for the parties I feel inclined to set aside the conviction and send this case for re-trial from the stage of recording the statement of the accused u/s. 342, Cr.P.C., so I need not set out the facts in a detail and enter into discussion of the evidence. I find that immediately after the raid, the Magistrate had recorded statement Ex. D.W. 1/A of the accused. This A statement was however, not put to him while examining him u/s. 342, Cr.P.C. That being the position I think there is no option but to set aside the conviction and sentence and remand the case for decision in accordance with law. The earned Special Judge will proceed from the stage of recording of statement of the accused u/s. 342, Cr.P.C. Order accordingly. S.G.D./A-419/L
Case remanded.