| Case ID |
ecc39a78-a556-463e-924b-d84ad1078944 |
| Body |
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| Case Number |
Criminal Appeal No. 107 of 1952 |
| Decision Date |
May 22, 1952 |
| Hearing Date |
|
| Decision |
The conviction of the accused was found to be unsustainable due to procedural errors in the examination under Section 342 of the Criminal Procedure Code. The confession made by the appellant was not properly presented to him during the examination by either the Committing Magistrate or at the trial. This led to a failure of justice, thus the conviction and sentence were set aside. The case was remanded for retrial from the stage of examination of the accused under Section 342, with specific instructions for proper questioning to ensure a fair trial. |
| Summary |
In the landmark case of Shammun vs. Crown, the Lahore High Court addressed critical issues surrounding the procedural rights of the accused under the Criminal Procedure Code, particularly Section 342. The case revolved around the appellant's conviction for murder, primarily based on a confession that was not adequately presented during the trial proceedings. The court emphasized the necessity of ensuring that an accused is fully informed of the accusations against them and is given a fair opportunity to respond. This case highlights the importance of adhering to procedural safeguards in criminal trials to prevent miscarriages of justice. The court's decision to remand the case for retrial underscores the commitment to upholding the principles of justice and fair trial, making it a significant reference point for future cases involving procedural compliance. Keywords include 'criminal procedure', 'fair trial', 'confession', 'Lahore High Court', and 'legal rights'. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUNIR C.J.,
MUHAMMAD JAN J.
|
| Lawyers |
S. Jamil Hussain Rizvi,
A. A. K. Lodhi,
Muhammad Sharif
|
| Petitioners |
SHAMMUN (SHAMMAN)
|
| Respondents |
CROWN
|
| Citations |
1952 SLD 52,
1952 PLD 374
|
| Other Citations |
Rahim Bakhsh v. Crown P L D 1952 F C 7,
Rahim Bakhsh v. Crown P L D 1952 F C 1
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
342
|