2020 P Cr (PLP)

FAHIM AHMED SIDDIQUI, J.

The instant Criminal Revision Application questions the legality and propriety of the order dated 15.11.2017, passed by learned Additional Sessions Judge-I, Mirpurkhas, whereby an application under section 227, Cr.P.C. filed by the applicants for amendment of charge was declined. By filing the aforementioned application, the applicants/accused are seeking deletion of section 472, P.P.C. from the body of charge framed against them at the time of initiation of trial. While pressing the instant Criminal Revision Application, learned counsel for the applicants submits that during trial, no evidence has came on the record in respect of section 472, P.P.C., as such, it will be appropriate and justifies that such section be deleted from the charge. He submits that the trial is completed and now only the judgment is to be pronounced but the learned trial Court has refused to entertain the request of the applicants on the ground that it has been filed at such a belated stage. According to the counsel for the applicants, the charge can be altered at any time before pronouncing judgment and in this respect he relied from a judgment of the Division Bench of this Court reported in 2018 PCr.LJ Note 64 [Re: Naimatullah v. The State]. On the other hand, learned D.P.G opposes the instant Criminal Revision Application by submitting that no doubt it is the power of the learned trial Court to amend the charge at any time before pronouncing judgment. but in the instant case, there is no necessity for the same. I have heard the arguments advanced and have gone through the entire record. There is no cavil regarding that the charge can be amended at any time before pronouncement of judgment. In the instant case, the contention of the counsel for the applicants is that the charge is required to be amended only on the ground that no evidence has come on the record to attract the provision of section 472, P.P.C. Section 472, P.P.C. attracts in case of preparation of counterfeit seal and other instruments for making an impression and as per the contention of the learned counsel for the applicants, nothing of the sort was came on the record during statement of prosecution witnesses. The contention of the learned counsel for the applicants is that since no such material come on the record; therefore, such section should be deleted from the charge. In this respect, I am of the view, that a charge cannot be amended and a penal section cannot be deleted solely on the ground that some evidence has not came on the record regarding the same. In the instant case, the trial has been completed and if the prosecution is not succeeded in establishing the case in respect of any portion of the charge, the same can be addressed by the applicants at the time of preferring final arguments. The above are the reasons for my short order dated 17.12.2018, in terms of which instant Criminal Revision Application was dismissed. SA/A-71/Sindh Petition dismissed.