1985 P Cr (PLP)

‑‑‑S. 409‑‑Criminal Procedure Code (V of 1898), Ss. 342 & 364‑‑Legal infirmity in recording statement of accused under S.342, Cr. P. C.‑‑Trial Court failing to comply with mandatory requirements of S.364, Cr. P. C. inasmuch as failing to give requisite certificate under his hand while recording statement of accused‑‑Trial Court affixing a stereotype stamp in English as well as vernacular record of statement of accused under S.342, Cr. P. C. containing certificate that statement of accused was recorded in his presence and hearing and contained a full and true account of statement made by him‑‑Stamps so affixed, held, do not take place of a certificate under the hand of trial Court‑‑ Affixation of stamp was an , illegality and not mere irregularity‑‑Convictions and sentences of accused set aside and case remanded to trial Court for retrial from stage of examination of accused under S.342/364, Cr. P. C. (b) Criminal Procedure Code (V of 1898)‑‑ ‑‑‑S. 342‑‑Trial Court failing to comply with mandatory provisions of S.364, Cr. P. C.‑‑Held, where law provided a procedure for doing a thing in particular manner that thing should be done 'in prescribed manner and in no other manner or should not be done at all‑‑Conviction set aside and case remanded in circumstances. Ghulam Hussain Qureshi for Appellant. Shabbir Lali for the State. Dates of hearing: 12th February, 1984 and 26th March, 1985. These 31 Criminal Appeals Nos. 624 to 654 of 1978 arise from the judgment of the learned Special Judge Anti‑Corruption., Lahore, whereby he on 2‑7‑1978 convicted Saeed Ahmed Khan appellant under section 409, P.P.C. and sentenced him to various terms of imprisonment and different amounts of fine. These appeals involve identical question of law so I propose to dispose of them through single judgment.

2. Since after hearing the learned counsel for the parties I feel inclined to set aside the convictions and sentences of the appellant because of legal infirmity in recording statement of the accused /appellant under section 342, Cr. P. C. I need not enter into the merits of case. I find that in all cases, the learned trial Court has failed to comply with the mandatory requirements of section 364, Cr. P. C. inasmuch as the learned trial Judge failed to give requisite certificate under his hand to the effect that the statement of the accused was recorded in his presence and hearing and contained full and true account of the statement A made by him. No doubt the learned trial Court has affixed a stereotype stamp on English as well as vernacular record of the statement of the accused under section 342, Cr. P. C. containing certificates that the statement of the accused was recorded in his presence and hearing and 'contained a full and true account of the statement made by him, but to) my mind, the stamps so affixed do not take place of a certificate under the hand of the trial Judge. It is well‑settled that where law provides a procedure for doing a thing in particular manner then that thing should be done in prescribed manner and in no other manner or should not be done at law. The affixation of stamp was thus an illegality and o not mere irregularity. That being the legal position, there is no option but to set aside the convictions and sentences of the appellant and send back case to the learned Senior Special Judge, Lahore for retria from the stage of examination of accused under section 342/364, Cr. P. C. in accordance with law. The appellant who is very much present, has been directed to appear before the trial Court on 15‑4‑1985. The trial Court shall decide the cases within two months from 15‑4‑1985 under intimation to the Registrar of this Court. H. A. K.?????????????????????????????????????????????????????????? Appeals accepted and case remanded.