MUHAMMAD SHOAIB vs State S — 2022 PCrLJ 1564 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PCrLJ 1564 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PCRLJ
Parties: MUHAMMAD SHOAIB vs State S
Subject matter: Criminal
Provisions referred to: S. 164---Q

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD SHOAIB VS State S. 164---Qanun-e-Shahadat (10 of 1984), Art. 133---Power to record statements and confessions---Cross-examination during investigation---Scope---Section 164, Cr.P.C. includes a right to cross-examination to accused but such right legally shall not prejudice the right of the accused to cross-examine the witness while standing in witness box before the Trial Court---Such statement remains only a statement (piece of evidence, collected by investigation agency) in both cases i.e. cross-examination by accused or dropping thereof---If any other view is taken then first such recorded statement shall have to be given the status of 'examination-in-chief' which the law, nowhere permits---Such statement could well be used for contradicting the witness regarding his previous statements made by him in writing or reduced into writing, as is provided by Art. 140 of Qanun-e-Shahadat, 1984---Such legal position needs to be kept in view by all the lower Court(s) while conducting trial so that no prejudice is caused to guaranteed right of fair-trial, undeniably available even to an accused, within the meaning of Art. 10-A of Constitution.

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