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NOSHERWAN versus STATE


Articles 10, 11 and 16 of the Criminal Code (v. 1898), Articles 233 and 237 charge the accused for a crime, but for the different offenses charged in the present case, he shall be punished in another. Was imposed under section 11. The Adultery (Enforcement Hood) Ordinance, 1979 and Section 10 of the Ordinance were dismissed by the trial court, but at the time of recording the judgment of the offense, the accused was arrested under sections 10 and 11 under both the ordinance validity w The sentence was pronounced. The CCP had laid down the general rule that for each separate offense on which a person is charged, there would be a separate charge and that each such offense be charged with the enforcement of adultery (enforcement). Separate case will be tried under Ordinance 1979. The offenses mentioned in section 11 and section 16 of this ordinance, although those found in the exception to this law, were mentioned in C. Session 237, CRPC, which empowers the court to sentence the offender to a crime for which he has not been charged, if it appears in evidence that the accused committed a different offense. For which it was imposed on Section 237, the CRPC, which banned it. Exceptionally, it was to be strongly considered that no element of force was brought to the record, as well as the presence of the five accused, the trial court denied, and said that the five accomplices were acquitted on kidnapping charges. However, there was evidence on record and according to Section 237, the PCP accused could be convicted under Section 10 (2) of the Offense Hood Ordinance 1979.

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