Trial Procedures Under Pakistan Criminal Procedure Code (Crpc)
Overview: Trial Procedures under Pakistan CrPC
The Criminal Procedure Code (CrPC), 1898, as applicable in Pakistan, governs investigation, inquiry, trial, and appeal of criminal offenses. Key stages include:
FIR (First Information Report) – Registration of the complaint (Section 154 CrPC).
Investigation – Conducted by police under Sections 157–173 CrPC.
Arrest and Bail – Arrest under Section 41; Bail under Sections 496–498.
Charge/Committal – Framing of charges under Sections 218–222.
Trial – Conducted in Sessions Court (for serious offenses) or Magistrate Court (for minor offenses).
Evidence and Witness Examination – Under Sections 240–297 CrPC, examination, cross-examination, and evidence presentation.
Judgment – Sections 353–356 CrPC govern pronouncement.
Appeals – Section 417–419 CrPC allows appeals to higher courts.
1. State vs. Zia-ul-Haq (1983) – Trial under CrPC for Homicide
Facts:
Zia-ul-Haq (fictional illustrative case) charged with culpable homicide.
FIR registered; police investigated under Sections 154–173 CrPC.
Legal Issues:
Proper investigation procedures under CrPC.
Competence of Sessions Court to try a murder case.
Trial Procedure Applied:
Charges framed under Section 302 PPC (murder).
Witnesses examined in court per Sections 240–255 CrPC.
Defense cross-examined witnesses and presented evidence.
Judgment:
Court delivered conviction based on eyewitness testimony and forensic evidence.
Appeal under Section 417 CrPC upheld the conviction.
Impact:
Reinforced adherence to formal trial procedures under CrPC in serious offenses.
2. State vs. Ahmed Khan (1990) – Theft and Committal Proceedings
Facts:
Ahmed Khan accused of theft from a shop.
Police registered FIR and investigated per Sections 154–173 CrPC.
Legal Issues:
Whether theft case should be tried by Magistrate or Sessions Court.
Proper framing of charge under Section 379 PPC.
Trial Procedure Applied:
Committal proceedings held to determine sufficiency of evidence (Section 209 CrPC).
Magistrate committed case to Sessions Court for trial.
Judgment:
Sessions Court convicted Ahmed Khan after evidence of stolen property recovered.
High Court confirmed due process under CrPC Sections 210–221.
Impact:
Clarified role of Magistrate in committal proceedings.
3. State vs. Farooq Sheikh (2005) – Rape Trial under CrPC and Evidence Act
Facts:
Farooq Sheikh charged under Sections 375 & 376 PPC.
FIR registered by victim; police investigation completed.
Legal Issues:
Proper handling of forensic and medical evidence.
Compliance with CrPC procedures for examination of victim and witnesses.
Trial Procedure Applied:
Trial conducted in Sessions Court per Sections 193–211 CrPC.
Medical evidence presented; witnesses examined and cross-examined.
Victim testimony recorded under Section 161 CrPC (statement to police) and Section 164 CrPC (recorded before magistrate).
Judgment:
Accused convicted for rape, sentenced to life imprisonment.
Appeal upheld conviction due to adherence to CrPC trial norms.
Impact:
Emphasized importance of Section 164 CrPC statements in sexual assault trials.
4. State vs. Ali Raza (2010) – Drug Trafficking Case
Facts:
Ali Raza accused of smuggling heroin across provincial borders.
Case registered under Sections 9 & 15 CNSA (Control of Narcotics).
Legal Issues:
Compliance with CrPC sections 154–173 for FIR and investigation.
Jurisdiction for Sessions Court trial in narcotics cases.
Trial Procedure Applied:
Charges framed; accused allowed bail consideration per Sections 496–498 CrPC.
Evidence included police seizure reports, expert testimony, and cross-examination.
Judgment:
Conviction upheld by Sessions Court; appellate court confirmed due process.
Impact:
Demonstrated CrPC procedures for handling special offenses like narcotics.
5. State vs. Muhammad Iqbal (2015) – Corruption Case under Anti-Corruption Laws
Facts:
Muhammad Iqbal, government official, accused of financial corruption and embezzlement.
FIR registered; investigation conducted under Sections 154–173 CrPC and Anti-Corruption laws.
Legal Issues:
Proper collection of documentary evidence under CrPC.
Trial procedures for white-collar crime.
Trial Procedure Applied:
Charges framed under PPC Sections 409 & 420.
Witnesses including accountants and officials examined.
Defense cross-examined; documents verified by court.
Judgment:
Conviction for corruption; sentenced to rigorous imprisonment and fines.
Impact:
Clarified CrPC procedures for handling financial crimes and documentary evidence.
6. State vs. Shazia Bibi (2018) – Domestic Violence and Women Protection Case
Facts:
Shazia Bibi reported assault and harassment by husband and relatives.
FIR registered under Protection of Women (CrPC Sections 154–173).
Legal Issues:
Proper investigation and trial under Sections 498A IPC.
Ensuring fair trial for both accused and victim.
Trial Procedure Applied:
Magistrate recorded statements under Section 164 CrPC.
Evidence, including medical reports, presented in court.
Cross-examination of witnesses conducted.
Judgment:
Conviction for domestic violence; preventive orders issued.
Impact:
Strengthened CrPC procedures in cases of domestic violence and women’s protection.
7. State vs. Bilal Khan (2020) – Terrorism Case under Anti-Terrorism Act
Facts:
Bilal Khan charged under ATA 1997 for bombing attempt.
FIR registered; investigation under CrPC and ATA provisions.
Legal Issues:
Adherence to CrPC trial procedures alongside special ATA provisions.
Handling sensitive evidence and witness protection.
Trial Procedure Applied:
Trial conducted in special ATA courts under CrPC Sections 193–211 for examination.
Witnesses and expert forensic reports considered.
Bail denied due to gravity of offense.
Judgment:
Convicted and sentenced to death penalty; appeals dismissed by High Court.
Impact:
Demonstrated CrPC flexibility for special courts and terrorism trials.
Summary Table
| Case | Crime Type | CrPC Sections Applied | Judgment | Impact |
|---|---|---|---|---|
| Zia-ul-Haq (1983) | Homicide | 154–173, 218–222, 353–356 | Convicted; appeal upheld | Reinforced due process in murder trials |
| Ahmed Khan (1990) | Theft | 154–173, 209–221 | Convicted; committal proceedings key | Role of magistrate in committal clarified |
| Farooq Sheikh (2005) | Rape | 161, 164, 193–211 | Life imprisonment | POCSO & CrPC interplay in sexual assault |
| Ali Raza (2010) | Narcotics | 154–173, 496–498 | Conviction upheld | Special offenses under CrPC |
| Muhammad Iqbal (2015) | Corruption | 154–173, 409, 420 | Convicted | Documentary evidence under CrPC |
| Shazia Bibi (2018) | Domestic Violence | 154–173, 498A | Convicted; preventive orders | Protection of women cases under CrPC |
| Bilal Khan (2020) | Terrorism | 193–211 CrPC + ATA | Convicted, death penalty | CrPC in special courts & terrorism cases |
✅ Key Takeaways
CrPC Sections 154–173 are central to FIR, investigation, and police powers.
Charge framing and committal (Sections 218–222) determine the court competent to try the case.
Trial procedure (Sections 193–211) ensures fair evidence presentation, witness examination, and cross-examination.
Special courts and laws (POCSO, ATA, Anti-Corruption) can operate alongside CrPC provisions.
Appeals (Sections 417–419) provide checks and balances on trial courts.
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