MEHTAB alias METHOO vs State Ss — 2023 MLD 327 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 MLD 327 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: MLD
Parties: MEHTAB alias METHOO vs State Ss
Subject matter: Criminal
Provisions referred to: S. 221---L; S. 221; S. 457; Criminal Procedure Code (V of 1898)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MEHTAB alias METHOO VS State Ss. 457 & 380----Criminal Procedure Code (V of 1898), S. 221---Lurking house trespass or house breaking by night in order to commit offence punishable with imprisonment, theft in dwelling house---Appreciation of evidence---Plea of guilty---Charge to state offence---Scope---Accused was charged for committing theft in the dwelling house of complainant---Charge showed that the same had not been framed in accordance with S. 221, Cr.P.C., and the basic ingredients of S. 457, P.P.C. were missing---While framing the charge the trial court did not ask the accused in order to commit an offence punishable with imprisonment in the language of S. 457, i.e. "he omitted lurking house trespass by night or house breaking by night"---Perusal of the record revealed that the accused/petitioner was neither nominated in the FIR nor identification parade of the accused was held---Only the alleged stolen mobile phones were recovered from him, but there was no eyewitness of the occurrence---Further question arising was as to whether the accused dishonestly received or retained stolen property knowing or having reason to believe the same to be stolen property or allegedly the accused/petitioner committed theft after lurking house-trespass by night---Charge so framed by the Trial Court, though included S. 457, P.P.C., but not a single particular in that respect was mentioned therein which included lurking house trespass by night---Petition was allowed by setting aside the impugned judgment and the case was remanded to the Trial Court with the direction to decide the question of unsoundness of mind of the petitioner and incapacity to defend his case first and to proceed with the matter thereafter.

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