Unsound Mind
The main ingredient of section 84 of the Penal Code is the defence is to prove that the accused was of unsound mind at the time of occurrence which the defence failed to prove in this case. Thus as the plea of insanity or unsoundness of mind of the accused-respondent at the time of occurrence is not clearly and distinctly proved, the accused-respondent, thus cannot get benefit of the same nor benefit as provided under sections 469 and 470 of the Criminal Procedure Code. Moreover, on acquitting the accused respondent the High Court Division erred in law in not taking appropriate step under section 471 of the said Code. [73 DLR (AD) (2021) 151]
