where the evidence is recorded; and shall be returned, together with the deposition of the witness
examined thereunder, to the Judge Advocate General.
(4) The Judge Advocate General will forward the same to the courtmartial who issued it or, if the
said courtmartial is in the meanwhile dissolved, to another courtmartial convened for the trial of the
accused in respect of the same charge and any deposition so taken shall be recorded in evidence and
shall form part of the proceedings of the court.
Explanation.___The expression “Judge Advocate General” means the Judge Advocate General,
Pakistan Army, and includes a Deputy Judge Advocate General.]
111. Conviction of one offence permissible on charge of another.___ (1) A person charged
before a Court martial with desertion may be found guilty of attempting to desert or of being absent
without leave.
(2) A person charged before a Court martial with attempting to desert may be found guilty of
being absent without leave.
(3) A person charged before a Court martial with any one of the offences specified in clauses (a)
and (b) of section 40 may be found guilty of any other of these offences with which he might have
been charged.
(4) A person charged before a Court martial with an offence punish able under section 59 may be
found guilty of any other offence of which he might have been found guilty if the provisions of the
Code of Criminal Procedure, 1898 (V of 1898), had been applicable.
(5) A person charged before a Court martial with any offence under this Act may, on failure of
proof of an offence having been committed in circumstances involving a more severe punishment be
found guilty of the same offence as having been committed in circumstances involving a less severe
punishment.
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