Citation Name: 2025 PCrLJ 786 KARACHI-HIGH-COURT-SINDHBookmark this Case Imtiaz Ali vs State S — 2025 PCrLJ 786 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 PCrLJ 786 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: PCRLJ
Parties: Citation Name: 2025 PCrLJ 786 KARACHI-HIGH-COURT-SINDHBookmark this Case Imtiaz Ali vs State S
Subject matter: Criminal
Provisions referred to: S. 221; S. 75---P; S. 75; Penal Code (XLV of 1860)

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

Citation Name: 2025 PCrLJ 786 KARACHI-HIGH-COURT-SINDHBookmark this Case Imtiaz Ali VS State S.221(7)---Penal Code (XLV of 1860), S.75---Previous conviction in serious crimes---Scope---Concept of enhancement of sentence---Scope---Section 75 P.P.C. makes the accused of an offense mentioned in Chapter XII or XVII of the P.P.C. liable to enhanced punishment if he has earlier been convicted of the offenses mentioned in the said Chapters---Section 221(7) of Cr.P.C., therefore, provides that if the accused is previously convicted of any offense and because of such previous conviction is liable to enhance punishment and it is intended to prove such previous conviction affects the punishment which the court may think fit to award for the subsequent offense---The fact, date and place of previous conviction shall be stated in the charge and if such statement has been omitted in the charge, the court may add it any time before the sentence is passed and the onus to prove the previous conviction of an accused lies on the prosecution, thus, it is the duty of the Investigating Officer to investigate the previous conviction of the person accused of an offense mentioned in Chapter XII or XVII of P.P.C., to collect evidence regarding the previous conviction of the accused, and produce before the Trial Court---Section 221(7) Cr.P.C. further caters to a situation where the fact of previous conviction has been omitted in the charge; the fact of a previous conviction can subsequently be added to the charge at any time before the sentence is passed---Duty of the Investigating Officer is, therefore, onerous, who has to work round the clock to follow and fetch the record of previous conviction(s) of a person accused of an offense mentioned in S.75, P.P.C.

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