Depending upon the type of criminal trial the different stages of a criminal trial are discussed below. The accused appears before the court or is brought before the court then the Magistrate would orally state the facts of the offense he is answerable. Item 2---Constitution of Pakistan, Art. The salient features of section 367 ibid are: 1 that the Judge who records the evidence should record the judgment or his succeeding Judge or Magistrate should do so. Shaikh, learned Advocate appearing on behalf of the petitioners that the prosecution in the present case was misconceived. Further courts shall make an endeavor to conclude the trial within 6 months. L J 432 Lahore High Court, Lahore.
It was finally replaced in 1972. Such pleaders are not in regular employment of the state and a paid remuneration by the accused person. In the course of his submission, Mr. In case of summary and summons trials, charges are not framed by writing the charges down. The Court concerned must ensure that examination-in-chief, cross- examination and re-examination of the complainant are conducted within three months of assigning the case.
Muhammad Jabbar Versus Shah Daraz Khan 2009 P. An order of discharge passed by an incompetent Magistrate is, therefore, an order passed without lawful authority and the same is of no legal effect. Depending on the gravity of a crime committed, the suspect may be eligible for a hearing under a summary trial, where the fate of the underlying case is determined. As far as the attempt is concerned, it would cover those categories of cases where all necessary steps for purposes of slaughtering the animal concerned have been taken, such as taking the animal to a slaughter house or to a place for slaughter, bringing implements necessary for this purpose and such other activities that would lead to the irresistable conclusion that the accused were engaged in an attempt, which, if not stopped, would have resulted in the slaughter. Report of the mutually satisfactory disposition to be submitted before the Court.
Hidayatullah and others Versus The State through Advocate-General, N. In the administration of justice it is of prime importance that justice should not only be done but must also appear to have been done. Each judgment should be supported by the evidence on that file and no reference of evidence either ocular or circumstantial including documentary may be made which has been recorded on the file of the cross case unless its primary or secondary evidence has been brought on the file in hand. Rule is made absolute accordingly in terms of prayer a. Additionally, it also deals with public nuisance, prevention of offences and maintenance of , and.
Author: Neitseizonuo Solo Featured Pic-Credit: Shashwat Ashiya What is a Summary Trial? Summary trial is the name given to trials where cases are disposed of speedily and the procedure are simplified and the recording of such trials are done summarily. Rasool Bux Shaikh Versus State 2010 P Cr L J 733 Karachi-High-Court-Sindh - Said Magistrate on such complaint would proceed with the complaint filed under S. This right may be affected in cases of preventive detention under preventive detention laws. The Magistrate can on his discretion convict the accused. Kalsoom Bibi 2011 P Cr. The maximum sentence that may be awarded by way of a summary trial is three months with or without fine. Discussion of Evidence Discussion of evidence covers a major portion of the judgment and the right conclusion or findings depend on question of fact.
Classes of Courts Generally speaking, there are civil, criminal and revenue courts and the type of judgment would differ in each cases. The courts of law cannot, therefore, abdicate their powers and duties in favour of these agencies and become passive spectators in the administration of justice or sit only as dummies placed in the citadel of justice who are incapable of doing anything on their own and are at the complete mercy of others for the performance of their functions. However, justice and fair play require that no one be punished without a fair trial. Rule is made absolute accordingly in terms of prayer a. The Code of Criminal Procedure Code, 1973 Act No.
The essence of these procedures can be summarized as follows: a. It is desirable to have some provisions whereby perjury of a flagrant and unchallengeable type could be effectively punished summarily without prejudicing a fair trial of the accused person. It usually commences with facts and must indicate careful analysis of evidence. It is nothing unusual for these persons to be found in possession of several head of cattle. C while Non-Cognizable Offences reported under section 155 Cr.
O concerned, which was a violation of the mandatory provisions of the Police Rules---Investigating Officer prima facie, being in league with the accused had declared him innocent in a clandestine manner---S. C was submitted in the Court---Final verdict had to be passed by the Court after evaluating the evidence adduced before it during the trial---Constitutional petition was dismissed accordingly. The defendant too has a right to legal representation, and a chance to refute the evidence and present evidence that supports his statement. He states that his profession is an agriculturist having his lands in Waygaon village. Section 262 of Code of Criminal Procedure provides that a summary trial will follow the same procedure as a summons trial which is much less formal. Muhammad Basharat Versus Khadim Hussain 2006 P Cr. Qisas and Diyat If an accused is or if there are more than one the accused are convicted of Qatl-e-Amd shall, under section 302 P.
The Magistrate can on his discretion convict the accused. Shaikh is justified and it would, therefore, be necessary for the authorities concerned with the implementation and execution of the provisions of the Act to be both cautious and selective before launching prosecutions. Sentence in case of Summary Trials In summary trials, a convict cannot be sentenced to imprisonment for a period of time longer than 3 months. Abid Hussain Versus Ikram-ul-Haq Chaudhry 2005 P Cr. Likewise distinction has to be drawn in the judgment in cases of hurt liable to Qisas and those not liable to Qisas. As far as the attempt is concerned, it would cover those categories of cases where all necessary steps for purposes of slaughtering the animal concerned have been taken, such as taking the animal to a slaughter house or to a place for slaughter, bringing implements necessary for this purpose and such other activities that would lead to the irresistable conclusion that the accused were engaged in an attempt, which, if not stopped, would have resulted in the slaughter.