Syed KAMRAN ALI vs State Ss — 2022 YLRN 178 KARACHI-HIGH-COURT-SINDH

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Syed KAMRAN ALI VS State Ss. 353 & 231---Re-call of witnesses when charge altered---Evidence to be taken in presence of accused---Scope---Accused was charged for the alleged offence and the case against him proceeded to large extent---Subsequently, on arrest of co-accused he was produced before the Trial Court and the charge framed already was amended and the witnesses already examined were recalled with the opportunity to the co-accused to subject them to cross-examination---Such exercise was alleged by the accused persons to be violative of S. 353, Cr.P.C.---Held, S.227, Cr.P.C. provided that the court may alter, add or amend the charge at any time before judgment is pronounced---If it is amended, then as per requirement of S.231, Cr.P.C. the witnesses already examined were to be re-called and re-examined for the purpose of examination on point of alteration, addition or amendment so made in the charge---Witnesses so examined by the prosecution were re-called but only for the purpose of cross-examination to be made by the co-accused---Such exercise could hardly be said to be legal in terms of S.353, Cr.P.C., which prescribed that every evidence was to be taken in presence of accused---None of the witness so re-called for the purpose of cross-examination was subjected to examination-in-chief in presence of co-accused---Such omission had prejudiced the accused in his defence seriously, which was against the mandate contained in Art. 10-A of the Constitution---Impugned judgment was set aside with direction to the Trial Court to proceed with the case afresh and conclude the trial from the stage of illegality by providing chance of fair trial and hearing to all the concerned.

Syed KAMRAN ALI vs State Ss — 2022 YLRN 178 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported