Common Mistakes
On a plea of ‘not guilty’ the provisions of PAA Rule 99(2) are
not req to be complied with and as such serial 2 be left blank.
Particulars of the accused should be recorded on a separate
sheet and att to the proceedings. Para 142 Pt I of NPML,
1990.
The order convening the SCM should not be published in
daily orders Part I. AR(I) 316 ref.
The original declaration of C of I is inadmissible. PAA Rule
158(3) ref. A copy made on PAFD-918 of the declaration, as
recorded in the court martial book, is admissible. Note 4c to
PAA Sec 116(4).
The court should record its finding on page ‘C’ of PAFD-907,
in respect of the charge to which the accused pleads ‘guilty’
and at page ‘I’ for the charge to which he pleads ‘not guilty’.
PAFD-918 (Declaration of C of I) is inadmissible in evidence
if the C of I has not been held after a lapse of clear 30 days
as required under PAA Sec 78.
Common Mistakes
Every page of the proceedings should not be signed by the
court. The signature on page ‘J’ of PAFD-907,
authenticates the entire proceedings. PAA Rule 109 ref.
Documents exhibited in evidence should be marked in
accordance with Paras 153 and 157 of NPML.
Summary or abstract of evidence should not be att to the
proceedings, where the trial had proceeded on a plea of
‘not guilty’.
The charge sheet should be signed by the CO in actual
command of unit on the day, on which the accused is
remanded for trial. Note 1 to PAA Rule 19 ref.
C of I as envisaged in PAA Sec 78, should always be held.
Particulars of the offr sworn or affirmed as court as well as
interpreter should be recorded on page ‘A’ of PAFD-907.
Common Mistakes
Para (6) on page ‘I’ of PAFD-907, should always be
completed.
Adding of directions as to the mode of execution of RI, which
is combined with the sentence of dismissal from the svc, is
superfluous. Note 4 to PAA Rule 108.
On a plea of guilty, the accused should be asked whether or
not he wishes to make any statement in ref to charge (s) or in
mitigation of punishment. Page ‘C’ of PAFD-907 ref.
On plea of guilty, the accused should be asked whether or not
he wished to call any witness as to his character. Page ‘C’ of
the proceedings ref.
An offr or a JCO in attendance cannot be replaced during the
trial. Note 2a to PAA Sec 88 ref.
The offr or JCO attending the trial shall not be the one who
has appeared as a prosecution witness in summary of
evidence/abstract of evidence or is likely to appear as such.
Note 2c to PAA Sec 88.
Common Mistakes
The court should always comply with the provisions of PAA
Rule 99(2)/100(2).
The award of punishment of ‘pack drill’ by itself is illegal
since it has not been laid down as such in the table anx to
PAA Rule 17. Its disobedience, therefore, incurs no penal
liability, and consequently any trial of the accused on this
charge is laid without any legal auth.
The sentence of fine can only be awarded when an accused
person is convicted on a charge preferred under PAA Sec
40 or Sec 42 or Sec 55 or Sec 59.
The accused can be found guilty on the main charge or the
alternative charge but not on both. Note 1 to PAA Rule 44
ref.
As regards the laid down scale of punishments ref is made
to AR(I) 290.
The statement of offence of the charge should be in the
words of the Act as given in Second Appendix to PAA Rules.
Common Mistakes
The particulars of the charge should always support the
statement of offence.
A court martial does not deal with an acting or lance
rank. Therefore, the sentence of reduction lance
havildar to a naik or lance naik to the ranks is
inoperative. Note 9e to PAA Sec 60 ref.
The sentence of RI not exceeding three months, if not
combined with the sentence of dismissal from the svc,
the court is req to record directions as to the mode of
execution of RI. Note 4 to PAA Rule 108 ref.
The trial by SCM should be attended throughout by the
requisite number of offrs/JCOs as envisaged in PAA Sec
88(2).
Narrative: No 3344556 Sep Imran Khan of 123 Med
Bn, was granted C leave from 6 Jan 2017 to 15 Jan
2017. However, he did not rejoin the unit loc at
Rawalpindi, and became OSL. On 27 Jan 2017, Sep
Imran Khan rejoined the unit voluntarily at his own
accord.
Req. Prep a charge sheet
Narrative: On 3 Feb 2017, No 112233 Sep Hamid
Ali of 123 Med Bn loc at Peshawar, asked No 3344556
Sep Imran Khan of the same unit to return the money he
borrowed from Sep Hamid Ali. Whereupon, Sep Imran
Khan flared up and struck Sep Hamid Ali with a stick on
his legs.
Req. Prep offn report
