' This criminal appeal arises from the judgment of learned Special Judge Anti-Corruption, Sargodha whereby he on 26-11-1984 convicted Abdul Ghafoor appellant under section 161, P.P.C.
And sentenced him to 6 months' R.I. And a fine of Rs,5,000, in default thereof 2 1/2 months' R.I
2. Since after hearing the learned counsel I feel inclined to set aside the conviction and sentence of the appellant and send back the case for retrial on account of legal infirmity in recording statement of the accused under section 342, Cr.P.C. I need not set out the facts in detail and discuss the evidence of the parties. I find that the learned trial Judge has not given the requisite certification under section 364, Cr.P.C. To the effect that the examination of the accused/appellant was taken in his presence and hearing and that the record contains a full and true account of the statement made by the accused/appellant. To my mind, the omission is illegality and not curable irregularity. That being the position, there is no option but to set aside the conviction and sentence of the appellant and remand the case for retrial from the stage of statement of the accused under section 342/364, Cr.P.C. Order accordingly.