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Criminal Appeal No. 316 of 1984, heard on 31st October, 1984

‑‑‑S. 161‑‑Criminal Procedure Code (V of 1898), S. 342‑--Accused just after raid making a statement wherein he stated that he did not know as to why money was paid to him‑‑Such piece of evidence which was relevant and important for just decision of case not put to accused when examined under S. 342, Criminal Procedure Code‑‑Conviction and sentence set aside and case remanded to trial Court for retrial from stage of recording statement of accused under S. 342, Criminal Procedure Code.

Riaz Anwar for Appellant.

Mian Mushtaq Hussain for the State.

Date of hearing: 31st October, 1984.

This Criminal Appeal arises from the judgment of the learned Special Judge Anti‑Corruption, Faisalabad whereby he on 4‑6‑1984 convicted Muhammad Ashiq appellant under section 161, P.P.C. and sentenced him to a fine of Rs.2,000 in default thereof two months' R.I.

2. Since after hearing the learned counsel I feel inclined to set aside the conviction and sentence of the appellant and send back the case to the trial Court on account of legal infirmity in recording of the statement of the appellant under section 342, Cr.P.C. I need not set out the facts in detail and enter into the merits of the case. I find that the appellant just after rail made statement Exh. P.I. wherein he stated that he did not know as to why the money was paid to him. Strangely enough this piece of evidence which is very much relevant and important for the just decision of the case was not put to him when examined under section 342, Cr.P.C.

3. That being the position, there is no option but to set aside the conviction and sentence of the appellant and send back the case to the trial Court for retrial from the stage of recording of the statement of the accused under section 342. Cr.P.C. Order accordingly.

M.Y.H Appeal accepted

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