Accused in a Criminal Case

Who is accused in a criminal case?

An accused is a person that has been alleged for an offence in a criminal case. He can be accused if:-

a. His name is mentioned in the FIR. Such an accused is called as Nominated accused.
b. His details of features, cell number, address can be mentioned in the FIR if name is not known to the complainant party.
c. He can be mentioned as unknown person but if evidence leads to his whereabouts then he can be accused.
d. If none of the above is mentioned in the FIR and later in the 161 statement he is nominated, he can be accused also.
e. If none of the above is there but he is incriminated in the investigation report as accused then he can also be accused in that case.

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Salman Yousaf Khan (Golra)
Criminal Lawyer
+92-333-5339880

Delay in FIR makes it weak

Delay in FIR is almost vital in the sanctity of FIR. Delay in FIR makes the case of prosecution doubtful. The more the delay there is, the weaker the FIR is. Even at times there are cases in which there is only few hours delay, the case becomes weaker.

A presumption is drawn that the FIR has been lodged with malafide of the prosecution when there is delay in the lodgement of FIR. In most cases, the delay leads to confirmation of bail and later acquittal in the case.

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Giving someone threat is an offense

It is not legal to threat someone, rather it constitutes an offense of Criminal Intimidation which is mentioned in section 506 PPC. If a simple threat is given to someone then it is covered under the provisions of section 506 (i) PPC and its punishment is 3 years.

Similarly if someone is given life threat then such a threat is covered under the provisions of section 506 (ii). Such offense is punishable with an imprisonment of 7 years. If someone is threatened on telephone then section 25-D is also added in the list of offenses.

Whenever a person is threatened by anyone, such person shall reach the nearest police station without any delay and report the incident for proper criminal action against the culprit so doing it.

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Salman Yousaf Khan (Golra)
International Criminal Lawyer

List of Witnesses in Criminal Cases

The list of witnesses is provided by prosecution in criminal cases. Usually a list of witnesses along with challan is forwarded to the prosecution department by the SHO of the concerned police station which is further forwarded to the trial court by the prosecution department.

When list is not given, the names of witnesses are mentioned in the challan and the same are summoned in the court at the time of evidence. If a witness is not mentioned in the list provided by the prosecution or in the challan then he can be summoned to the court also on an application by either of the parties.

However, if a person is not a private witness and is not mentioned in the list then such person will be treated as court witness which will be cross examined by both the parties in the court.

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Salman Yousaf Khan (Golra)
Criminal Lawyer
+92-333-5339880

Conviction without substantial evidence is not possible

One of the basic principles of criminal law is that the conviction of accused is not possible in the absence of substantial evidence. Substantial evident is the one which itself is of convicting nature. If evidence is corroborative or contradictory then conviction is not possible.

If in a case there are photocopies of documents and original documents are not presented at any forum, on such evidence conviction of accused is not possible. Reliance should be made on the original documents for conviction of accused.

It is the duty of prosecution to prove its case beyond the shadow of any doubt. The absence of substantial evidence creates doubts and benefit of doubt goes to accused in such circumstances.

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Regards,
Salman Yousaf Khan (Golra)
International Criminal Lawyer

Procedure on Perjury Petition

A perjury petition is filed under section 476 of CRPC. The purpose of this petition is to point out any irregularity or lie from the person so accused in the petition. Procedure adopted in a perjury petition is same as of Private Complaint.

A perjury petition is filed in the same court where any irregularity is alleged. It is treated as a separate case. It does not stop or effect the proceeding of the main case generally. However, if proved then the person so accused can be punished.

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Regards,
Salman Yousaf Khan (Golra)
Criminal Lawyer
+92-333-5339880

Defending a Bail Petition

Whenever a Bail Petition is filed by accused, two parties have right to defend it. One is the complainant and the other is the prosecution department. Both these parties are covered under the umbrella of State.

Notices are served to the State once bail petition is filed. Generally in practice the State is lazy in defending bail petitions. The reason is that there is deficiency of prosecutors in all over Pakistan. Where there are prosecutors available, they mostly have lack of interest in doing the hard work for defending bail petitions in which they don't have any specific interests.

A complainant has the right and interest to defend bail petition generally. He/she can engage counsel and represent his version in the court as required.

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Salman Yousaf Khan (Golra)
Criminal Lawyer
+92-333-5339880

Accused Enjoys Double Presumption of Innocence after Acquittal

Acquittal from a criminal case means that the accused has done nothing wrong in the eyes of law. He is proved innocent during the Trial. It is immaterial whether the Trial concluded after proper evidence or the result of same came on a petition of acquittal if the end result clearly shows that the accused is innocent.

If an accused is declared innocent by any competent court, he enjoys double presumption of innocence. The remedy available to the prosecution in such like circumstances is appeal mostly. The order of Trial court can be challenged in the appellate court under the provisions of Section 417 of the Code of Criminal Procedure 1898.

However, an accused is left with almost no fear once declared innocent from the Trial Court. But a fact is that the prosecution and complainant both have the right to prove irregularities if any in the appellate court. If they are successful in any case then the Trial can be reopened or the order of Trial Court acquitting the accused can be set aside.

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Regards,
Salman Yousaf Khan (Golra)
Criminal Lawyer
+92-333-5339880