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FAISAL KHAN versus STATE


Sections 17 (4), 7 (a) and 16 of the Harabah Panel Code (XLV of 1860), Sections 319 and 304 (a) of the Criminal Code of Conduct for murder and proof of murder I Amd (V9 1898) , Was charged under Section 304/34, 392 and 412, PPC, on conviction based on section 164 confession, but under section 17 (4) of the Crimes Against Property (Enforcement Hood) Ordinance 1979. The conviction, which was neither a criminal charge, was amended at any stage, nor was the changed charge read to the accused, nor was he given the opportunity to defend himself. That the accused under PPC And he was a serious legal action. Read with section 4304 (a), the PPC accused did not plead guilty to Haddad's theft commission as was read with Section 7 (1) of the Crimes Against Property (Enforcement Hodg) Ordinance 1979 then. He was also convicted under Section 17. (4) The aforesaid Ordinance Adam's offense under section 7 (a) of the Ordinance was somewhat similar to the CRPC, and an admission was simple, while the requirements of judicial confession are in nature, This non-compliance would constitute a confession of the offense under section 17 (conviction of the accused). 4) Crimes Against Property (Enforcement Hood) Ordinance, 1979, on offense of confession under section 164, CCPC, therefore, without limitation, was clearly invalid and no theft of any legal property. Was made The FIR was not consistent with the defendant's confessional statement, and in the absence of a post-mortem report, it was not possible to establish which of the two defendants caused the death of the accused, in truth and faith.

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