P L D 1955 Dacca 68 (PLP)
MOFIZ‑UD‑DIN‑ — Petitioner Versus THE CROWN‑Opposite‑ — Party
| Citation | P L D 1955 Dacca 68 (PLP) |
| Forum / Court | |
| Bench Members | Thomas Hobart Ellis, A. C. J. and Ispahani, J |
| Parties | MOFIZ‑UD‑DIN‑ — Petitioner Versus THE CROWN‑Opposite‑ — Party |
Q1: What are the key laws and sections cited in P L D 1955 Dacca 68 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1955 Dacca 68 (PLP)?
The case was heard and decided by the bench comprising: Thomas Hobart Ellis, A. C. J. and Ispahani, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1955 Dacca 68 (PLP) (MOFIZ‑UD‑DIN‑ — Petitioner Versus THE CROWN‑Opposite‑ — Party). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Md. Nurul Huq Chowdhury, for Petitioner.
Headnotes / Summary
Criminal Procedure Code (h of 1898), S. 342‑Circum stances appearing in prosecution evidence against the accused not, put to him‑Case remanded. The petitioner was examined under section 342 first, on the 5th January, 195,2, and secondly, on the 29th January, 1952. In his examination on the 5th January, 1952, the first question which was asked of him was : "You have heard the evidence of the prosecution witnesses. Why should you not be punished ?" His answer was : "I am innocent". The next question was : "Were you convicted and sentenced for 8 years previously?" His answer was : " les, I was". On the 29th January, 1952, the only question which was asked of him was : "You heard the examination and cross examination of the prosecution witnesses. What is your defence ? His answer was : "I am innocent". Held : these questions and answers are not an adequate compliance with the mandatory provisions of section 342 of the Code of Criminal Procedure. Case was remanded for a proper examination of the accused and disposal according to law. No one for the Crown.