"As per statement got recorded F by the accused, the confessional statement being voluntary in nature, I take a lenient view, hence I hold her guilty under Article 4 of Prohibition (Enforcement of Hadd) Order No.4 of 1979 and order her to undergo R.I. For two years, to be whipped with one stripe, if permitted by the Doctor and shall also pay a fine of Rs.100, in default whereof she shall further undergo S.I. For ten days, Punishment of whipping shall be executed, if the lady accused is found to be healthy and capable to undergo whipping. Benefit of section 382-B Cr.P.C. Shall also be extended to the accused. Case property shall be destroyed after expiry period of appeal/revision, as the case may be."
2. The appellant has now chosen to file an appeal against this order and Mr. Sardar Muhammad Ghazi, learned counsel appearing for the appellant has argued before me that the confessional statement recorded by the learned Judge does not fulfil the requirements of sections 265-E and 265-F, Cr.P.C. The thrust of the argument is that in the present case the appellant had not pleaded guilty at the time of framing of the charge. As such the provisions of section 265-F were attracted and the learned Judge was bound to record all the evidence for the prosecution instead of recording the confession. This argument does not seem to be quite in consonance with section 265-E, Cr.P.C. If an accused person brought before the trial Court does not plead guilty at the time of answering the charge, but on second thought changes his mind and speaks out the truth at any stage during the trial would it still be necessary for the trial Court to continue with the trial and record the entire evidence according to the calendar of witnesses and then in spite of the willingness of the accused to make confession prolong the agony of the accused and all concerned till the entire list of witnesses was exhausted. In my opinion since the accused had shown her willingness to make a confession the Presiding Officer was fully competent rather obliged to record the confession and close the evidence. It would be an exercise in futility and in the interest of none to prolong the agony of the trial and go on recording statement after statement till the list of prosecution witnesses had exhausted. Such is the burden of argument of the learned counsel, which cannot be accepted.
3. The learned Judge in the present case has taken all the precautions, which were necessary and then recorded the confession. Further, the Judge has taken compassionate view of the matter and given a sentence, which is very light, indeed.
4. It is not necessary to further mention that where a conviction is based on pleading guilty the offender cannot turn round and go to the Appellate Court and file an appeal challenging his conviction. With these observations this appeal is dismissed and the conviction and sentences passed against the appellant are maintained. Benefit of section 382-B Cr.P.C. Already allowed to the appellant by the learned Judge is also maintained.