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USMAN MOAZZAM vs State Ss — 2022 PCrLJN 63 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 63 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
USMAN MOAZZAM vs State Ss
Subject matter
Criminal

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

USMAN MOAZZAM VS State Ss. 435, 439, 439-a & 561-a---accused were aggrieved of the order passed by Trial Court whereby Trial Court while allowing petition of complainant to produce the joint investigation report in the court as exhibit turned down written objections of accused---accused contended that legal objections raised by him with regard to admissibility of the document had not been addressed by the Trial Court, as such he had been seriously prejudiced---Validity---Record showed that the points raised by the applicant went to the root of the case but the Trial Court passed the impugned order in a cursory manner and also observed that whatever mentioned in the joint investigation report would be considered after recording of evidence by prosecution but the objections raised by the applicant had not been addressed in the impugned order---Relevant law mentioned in the application had not been discussed---Further proceedings and recording statement of witnesses before deciding the questions raised by applicant first by the Trial Court would prejudice the rights of the accused---Point of admissibility of evidence being involved in the case, it was required to be decided by the Trial Court at the moment when the objections were raised, but in the present case, all the legal objections had not been replied by the Trial Court in the impugned order---Trial Court, before proceeding further, was directed to decide the question of admissibility of document in evidence as well as other objections, if the court came to the conclusion that such evidence was admissible only then evidence of the witness could be recoded---If Trial Court formed the opinion that the evidence was not admissible then document would not be tendered in evidence---High Court, however, left the matter with Trial Court to decide the question as per law---Case was remanded by setting aside the impugned order---Revision application was disposed of accordingly.

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