CHARGE(227-240crpc)
227. Alteration/addition of the charge.
May be made:-
* At Any time before judgment is pronounced.
* By Any Court,Transfree or tried the case.
* May alter or add to any charge.
228.. . Effect of alteration /addition
* Charge framed or alteration or addition made under Section 227 .
* Proceedings with the trial will not likely
* To prejudice the accused in his defence.
* the prosecution in the conduct of the case,
* The Court may proceed with the trial as of the original charge.
The Court may either direct a new trial or adjourn the trial for such period .
* Charge framed or altered or added .
* Proceedings with the trial will likely
* To prejudice the accused in his defence.
* the prosecution in the conduct of the case.
230. Stay of proceedings If ;-
* Prosecution of offence in altered charge require previous sanction.
*The case shall be stayed unless sanction is obtained.
231. Recall of witnesses
After Charge Altered/Added.
* The charge is altered or added by the Court.
* The trial must have commenced.
*The prosecutor and the accused shall be allowed to recall or re-summon.
*The witnesses shall be examined only to such alteration or addition.
*Any further witness may be Recalled as the Court may think to be material.
232. Effect of material error:
* This power vests in Appellate Court,the High Court, the Court of
Session.
* During Proceedings of revision .
* Proceedings under Chapter XXVII CrPc.
*Any person convicted of an offence was misled in his defence.
* Reason must be the absence of a charge or by an error in the charge.
* It shall direct a new trial to be had upon a charge framed.
*The court shall quash the conviction If no valid charge could be framed as the facts proved.
1992 SCMR 1583, Shah Nawaz.
Errors committed in stating offence or particulars of charge or omissions are not material unless accused in misled by such errors or omissions causing failure of justice. 1992 SCMR 1583, Shah Nawaz.
Joinder of charges
233.
Separate charge for distinct offences:
* For every distinct offence ,
* There shall be a separate charge,
* Every charge shall be tried separately .
Illustrations
A is accused of a theft on one occasion, and of causing grievous hurt on another
occasion. A must be separately charged and separately tried for the theft and causing
grievous hurt.
Exceptions ==Sections 234, 235, 236 and 239.
234.
1-Three offences of same kind within year may be charged together:
The accused may be charged with and tried at one trial for,
(1) more offences than one of the same kind.
(2) committed within the space of twelve months.
(3) whether in respect of the same person or not,
(4) Number of offences shall not exceed three.
Same kind.,defined..
* Punishable with the same amount of punishment.
*Under the same section of the Pakistan Penal Code.
* Or of any special or local law:
An offence punishable under Section 379 of the Pakistan Penal Code shall be deemed to be an offence of the same kind as an offence punishable under Section 380 of the said Code.
When Attempt is an offence.
* An attempt to commit an offence under PPC or Any Local & Special Law.
* Such an attempt is an offence.
1992 SCMR 1583, Shah Nawaz. 1980 SCMR 402, Nadir Shah
While three offences/items are permitted to be combined under one charge as provided u/s 234 Cr.P.C., such limitation was not applicable in the case of Criminal breach of trust in which several offences are committed within a period of one year, are permitted to be combined under one charge as is allowed u/S. 222 (2) Cr.P.C. 1992 SCMR 1583, Shah Nawaz. 1980 SCMR 402, Nadir Shah relied upon.
235… Trial for more than one offence:
1) Any Accused may be charged and tried at one trial for every offence- if:-
* Series of acts are so connected forming the same transaction,
*More offences are committed by the same person,
(2) Offence falling within two definitions:
3)The person accused of the following offences may be charged and tried at one trial.
* If the acts constituents of offence falling within two or more separate definitions.
** Offences are defined or punished under any lex lata,
(4) Acts become a different offence when combined:
Accused shall be charged & tried in one trial:=
If several acts, itself or themselves constituting an offence, when combined make a different offence, without affecting S.71 PPC.
AIR 1964 Sindh 23 (24) Faiz Muhammad v. Emperor.
Same transaction. The essential condition is the continuity of action which involves essentially continuity or proximity of time; in other words, the series of acts must be so connected together as to form a single and entire transaction clearly then, continuity of action or proximity of time is very essential element in connecting a series of acts together so as to form a part of the same transaction. AIR 1964 Sindh 23 (24) Faiz Muhammad v. Emperor.
236- Doubt as to offence committed:-
*A single act or series are creating doubt as to what offence(s) committed.
*The facts proved will constitute the offence committed.
*The accused may be charged with all or any of such offences,
*Accused May be charged in the alternative for one or more of the offences.
*Any number or such charges may be tried at once;
Illustrations
(a) A is accused of an act, which may amount to theft, or receiving stolen property, or criminal breach of trust or cheating. He may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may be charged with having committed theft, or receiving stolen property, or criminal breach of trust or cheating.
239. What persons may be charged jointly:
Persons accused of :-
* The same offence committed in the course of the same transaction
* An offence and of abetment, or an attempt to commit such offence;
*More than one offence of the same kind committed within the meaning of S. 234 committed by jointly within the period of twelve months;
* Different offences committed in the course of the same transaction
* Persons accused of an offence includes theft, extortion, or criminal misappropriation,
* Receiving, or retaining, or assisting in the disposal or concealment of property.
* Possession of which transferred by any such offence committed by the culprits.
* Abetment of or attempting to commit any such last-named offence:
* Persons accused of offences u/S. 411, 414 of the PPC or of stolen property .
* Any offence under Chapter XIl of the PPC for counterfeit coin.
*Persons accused under the said Chapter relating to the same coin.
* Abetment of or attempting to commit any such offence.
The provisions of this Chapter shall apply to all such charges.
PLJ 1991 Cr.C. (Lah.) 465 Sh. Muhammad Aslam et
Joint trial of different accused for offence u/S. 298-C committed at different places at different times, held, joint trial illegal not curable u/S. 537, Cr.P.C PLJ 1991 Cr.C. (Lah.) 465 Sh. Muhammad Aslam et
238. Offence proved included is in offence charged:
Accused may be convicted of the minor offence, PROVED,though not charged if:-
* Charged with an offence consisting of several particulars,
* Several particulars constitutes a complete minor offence.
* Such combination is proved,
* The remaining particulars are not proved.
* Charged with an offence, may be convicted of an attempt though not charged.
*This section shall not apply to Ss.198 ,199 PPC unless complaint has been made as required .
PLJ 1991 Cr.C. (Lah.) 131.
Ahmed Yar.Accused charged under minor offence cannot be convicted for major offence. Accused was charged u/S. 148/149 but the Sessions Judge acquitted the accused u/S. 148/149 PPC and sentenced him u/S. 324 PPC Petitioner acquitted. PLJ 1991 Cr.C. (Lah.) 131. Ahmed Yar.
Charge for major offence but conviction was recorded for minor offence not spelled out of the major offence. Conviction held illegal, as the ingredients of major offence were not a notice to the accused about minor offence. (SC) PLD 1960 SC 173 Sultan Ahmad,
Illustrations
(a) A is charged, under Section 407 of the Pakistan Penal Code, with criminal breach of
trust in respect of property entrusted to him as a carrier. It appears, that he did commit
criminal breach of trust under Section 406 in respect of the property but that it was not
entrusted to him as a carrier. He may be convicted of criminal breach of trust under
Section 406.
240. Withdrawal of charges on conviction on one of charges :
* When a charge containing more heads than one, is framed against the same person
* When a conviction has been had on one or more of them,
*The complainant or the prosecution withdraw the remaining charge(s), may with the consent of the Court,
* The Court of its own accord may stay the inquiry or trial of such charges.
* Such withdrawal is equal to an acquittal on such charges,
* Court may proceed with the inquiry into or trial of the charge so withdrawn Unless the conviction is set aside .
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