1989 PLP 2803 (MLD)

"It is requested that case against me is being presented today before the 1 Court. I admit the guilt and the decision may be given today and I do not want to avail of even day's time for which I shall be thankful." The above application was treated as the plea of guilt and the conviction was recorded by the A.C.M. XIII South Karachi and the applicant was sentenced to undergo R.I. for six months. Against the impugned judgment of the A.C.M dated 18-6-1988 an appeal was preferred in the Court of Sessions Judge, South Karachi, who maintained the conviction which has been challenged in the present revision application on 9-7-1988. Mr. Badar Munir, learned counsel appearing for the applicant has contended that the plea of guilt is in violation of section 243, Cr.P.C. and as such the conviction of the applicant on tree basis of such plea cannot be legally maintained. Mr. Akmal Wasim, learned counsel for the State has stated that the applicant had given a statement in writing and as such there was full compliance of the provision of section 243, Cr.P.C. I have carefully considered the above submissions made by the learned counsel for the parties and have gone through the R&P of the case and I find that there is nothing in the charge as no question with regard to the application containing plea of guilt Exh.2 has been asked nor the applicant has stated before the Court that he has made any such application: The learned counsel for the applicant has vehemently contended that the applicant had not made the application Exh.2 and according to him the said application was submitted by the police and since no evidence whatsoever was produced by the prosecution, it cannot be treated as `plea of guilt' by the accused. The requirement of law under section 243, Cr.P.C. is as under:- "If the accused admits that he had committed the offence with which he was charged, then admission shall be recorded as nearly as possible in the words used by him; and if he shows no sufficient cause why he should not be convicted, the Magistrate may convict him accordingly." After going through the statement of plea of guilt I am of the view that the applicant having not admitted the making of application Exh.2 and in absence of any other evidence, the wordings mentioned in the application do not fulfil the requirement of the provision of law. The plea of guilt relied upon reads as under:- "I plead guilty. I have produced the revolver from the room and had no intention except that I would sell it to somebody and thus earn profit." Mr. Akmal Wasim did not resist the submission made by the applicant's counsel that in view of this legal infirmity the order of the trial Court and the order passed by the learned Sessions Judge in appeal be set aside and the case be remanded for retrial. In view of above discussion, I am of the view that on such plea the conviction could not be recorded. Consequently, the impugned order of the A.C.M. dated 18-6-1988 and the order passed by the learned Sessions Judge in appeal, dated 8-7-1988 are set aside and the case is remanded back to the A.C.M, XIII, South Karachi with direction to record the plea of the accused properly and dispose of the matter according to law. The applicant was released on bail by this court on 20-7-1988 in the sum of Rs.20,000 and P.R. Bond in the like amount. The applicant is allowed to remain on bail on the same terms and conditions subject to furnishing fresh surety in the same amount before the trial Court. The applicant shall appear before the trial Court on 24-9-1988. Mr. Badar Munir, learned counsel for the applicant is present alongwith the applicant and he has been informed about this order. With these observations Criminal Revision No. 30 of 1988 is disposed of. N.H.Q./E-28/K Order accordingly.