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Criminal Appeal No. 692 of 1984, heard on 30th January, 1984.

‑‑‑ Ss. 342, 364 & 537‑‑Penal Code (XLV Of 1860), S. 161 Trial Judge not giving requisite certification under S. 364, Cr.P.C. after recording statement of accused under S. 342, Cr.P.C.‑‑Omission, held, illegality and not curable irregularity‑‑Conviction and sentence set aside and case remanded for retrial from stage of statement of accused under S. 342/364, Cr.P.C.

Naveed Shahryar for Appellant.

Faizur Rehman for Respondent.

Date of hearing: 30th January, 1984.

This criminal appeal arises from the judgment of learned Special Judge Anti‑Corruption, Sargodha whereby he on 26‑11‑1984 convicted Abdul Ghafoor appellant under section 161, P.P.C. and sentenced him to 6 months' R.I. and a fine of Rs.5,000 in default thereof 21 months' R.I.

2. Since after rearing the learned counsel I feel inclined to set abide the conviction and sentence of the appellant and send back the case for retrial on account of legal infirmity in recording statement of the accused under section 342, Cr. P.C. I need not set out the facts in detail and discuss the evidence of the parties I find that the learned trial Judge has not given the requisite certification under section 364, Cr. P. C. to the effect that the examination of the accused/appellant was taken in his presence and hearing and that the record contains a full and true account of the statement made by the accused /appellant. To my mind, the omission is illegality and trot curable irregularity. That being the position, there is no option but to set aside the conviction and sentence of the appellant and remand the case for retrial from the stage of statement of the accused under section 342/364, Cr.P.C. Order accordingly.

M.A. K. Case remanded.

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