' The following 8 (eight) petitions under section 561-A, Cr.P.C. Arise in the following circumstances:--
1. Criminal Miscellaneous No,197 of 1999 has been filed by Jehanzeb, petitioner against the impugned judgment, dated 1-9-1999 of the learned Special Forest Magistrate whereby he has been convicted and sentenced under the provisions of Forests Act to 3 months' S.I. With fine of Rs,5,000 or in default to undergo S.I. For 5 days. He is also sentenced to pay Rs,85,200 as compensation for the loss caused to the Government exchequer/property. The revision petition filed by the petitioner was also dismissed by the learned Additional Sessions Judge, Swat on 28-9-1999.
2. Criminal Miscellaneous No,199 of 1999 has been filed by Muhammad Ali Jan, petitioner. He has also been convicted and sentenced by the learned trial Magistrate to 3 months' Si.. Fine of Rs,5,000 and also to pay compensation of Rs,2,06,000 or in default of fine and payment of compensation to undergo 6 months' S.I.
3. Muhammad Ali Jan, petitioner, has also filed another petition bearing Criminal Miscellaneous No,201 of 1999, wherein he has prayed for setting aside the impugned judgments of the learned trial Magistrate and the revisional Court whereby he has been convicted and sentenced to 2 months'
S.I., fine of Rs,5,000 and payment of compensation at Rs,67,200 or in default of fine and compensation amount to suffer further 5 months' S.I.
4. Criminal Miscellaneous No,203 of 1999 has been filed by Shaibar, petitioner, against the impugned judgments of the learned trial Court and the revisional Court whereby he has been convicted and sentenced to 3 months' S.I. With fine of Rs,5,000 and to pay compensation of Rs,86,400 for the loss caused to the Government. In default of payment of fine as well as compensation amount, the petitioner is to suffer 5 months' further S.I.
5. In Criminal Miscellaneous No,205 of 1999, Behroz Khan, petitioner, prays for setting aside the impugned judgment of the learned trial Court as well as the revisional Court whereby he has been convicted and sentenced to 3 months' S.I. And fine of Rs,5,000 as well as to pay compensation worth Rs,1,49,800 or in default of payment of fine and compensation to undergo further six months'
S.I.
6. Naseeb Khan, petitioner in Criminal Miscellaneous No,207 of 1999 is also aggrieved of his conviction and sentence of 3 months' S.I. And fine of Rs,5,000 as well as payment of compensation of Rs,1,29,400 or in default to undergo 5 months' further S.I., passed against him by the learned trial Magistrate and affirmed by the learned Additional Sessions Judge in revision petition.
7. Criminal Miscellaneous No,209 of 1999 has been filed by Umar Khan, petitioner, against the impugned judgments of the learned trial Magistrate as well as revisional Court whereby he has been awarded conviction and sentence of 3 months' S.I. And fine of Rs,5,000 as well as payment of compensation of Rs,1,19,400 or in default thereof .To suffer further 5 months' S.I.
8. In Criminal Miscellaneous No,211 of 1999, Bada, petitioner, has questioned his conviction and sentence of 3 months' S.I., fine of Rs,5,000 and payment of Rs,79,200 as compensation for the loss caused to the Government recorded by the learned trial Magistrate vide impugned judgment and upheld in revision by the learned Additional Sessions Judge, Swat.
9. The charges against all the petitioners are that they had unlawfully cut trees from various compartments and were apprehended by the Forest Staff.
10. After fulfilment of the formalities as required by law, the petitioners were challaned in the Court of Special Forest Magistrate, Swat. The petitioners were produced before the trial Court on 1-9-1999.
They informed the Court that they do not want their prosecution and waive their right under section 241-A, Cr.P.C. The learned trial Court on the same date recorded their statements under section 243, Cr.P.C. Wherein they admitted their guilt. The learned trial Magistrate accordingly proceeded with the case in the light of the admissions of their guilt recorded by the accused and accordingly convicted the accused/petitioners to the sentences under the relevant provisions of the Forests Act as detailed in the preceding paras. The petitioners preferred revision petitions before the learned Additional Sessions Judge, Swat but the same were also dismissed.
11. As in all the petitions, one and the same questions have been raised for determination, therefore, the same are disposed of through this single judgment in Criminal Miscellaneous No,197 of 1999.
12. I have heard the learned counsel for the parties and have also gone through the record of the case.
13. The learned counsel for the petitioners argued that the provisions of section 241-A, Cr.P.C. Have not been complied with by the trial Court, nor the provisions of section 242, Cr.P.C. As well as section 243, Cr.P.C. Have been complied with. He further argued that the petitioners have also not been given notices to show cause as to why they should not be convicted of the charge as required by section 243, Cr.P.C.
14. So far as the provisions of section 241-A, Cr.P.C. Are concerned, the petitioners in their statements have stated that they do not want to ask for supply of copies of the relevant evidence in view of their admissions of their guilt. In an authority reported in 1991 PCr.LJ 749, the Honourable Single Bench of the Karachi High Court has held that compliance of section 241-A, Cr.P.C. Is required to be made only when an accused does not plead guilty and claims to be tried under Chapter XX of Criminal Procedure Code and he is provided copies of material evidence that may be led by prosecution. It was thus concluded that the provisions contained in section 241-A, Cr.P.C.
Is not of a mandatory nature and its non-compliance will be of no consequence unless its breach is shown to have been caused sufficient prejudice to an accused in his trial. Similar is the position here. The petitioners have already admitted their guilt through recording their statements under section 243, Cr.P.C. Hence no prejudice is caused to them, if the requirements of section 241-A, Cr.P.C. Have not been complied with by the learned trial Court and that too when the petitioners themselves stated that they do not want to be supplied copies of the evidence.
15. The learned trial Court thereafter framed charge against the petitioners on the same date i,e, 1- 9-1999. To a question, the petitioners again answered that they admit their guilt. The petitioners not only thumb-impressed their statements under section 342, Cr.P.C. As token of its correctness but also thumb-impressed the formal charges framed against them and the question about the admission of their guilt. The learned trial Court, therefore, have fully complied with the requirements of law and no prejudice has been caused to the petitioner in this regard. When an accused pleads guilty, then in my humble view the trial Court is under no obligation to issue show-cause notice to accused as to why he should not be convicted on basis of his plea of guilty. The admission recorded by an accused under section 243, Cr.P.C. Is virtually a confession within the meanings of Article 37 of the Qanun-e-Shahadat Order and cannot be rendered as not reliable unless it is shown that the same is the result of inducement or promise. The statements so recorded, neither disclose any inducement nor threat nor any other promise for E showing some leniency to them, hence the learned trial Court has rightly relied on such statements.
16. The accused/petitioners have been awarded conviction as well as sentences of imprisonment, fine and payment of compensation also.
' Therefore, I deem it proper in the circumstances of the case to reduce the sentences of imprisonment to the period already undergone by the petitioners in jail. However, the remaining sentences of fine and compensation shall remain intact and in default thereof the petitioners would suffer imprisonment as ordered by the learned trial Court in the impugned judgments respectively.
17. With the above modification in the quantum of sentence, the petitions in hand are hereby dismissed.