MASHOOQUE vs State Ss — 2023 PCrLJ 414 KARACHI-HIGH-COURT-SINDH

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MASHOOQUE VS State Ss. 302(b) & 504---Constitution of Pakistan, Art. 10-A---Qatl-i-amd, intentional insult with intent to invoke breach of the peace---Appreciation of evidence---Right to fair trial---Accused was charged for committing murder of the brother of the complainant by firing on the allegation of "Karap"---Record showed that counsel for the accused was not present at the time of framing of charge and recording examination-in-chief of the prosecution witnesses---During the framing of the charge and examination in chief of any prosecution witness, it was mandatory that accused was to be represented by legal counsel in a capital case so that his/her rights could be protected---Said fact was moreso in respect of the charge which formed the very foundation of the case against the accused to which he had to defend---Due to absence of counsel inadmissible documents could be admitted into evidence, the witnesses could be tutored and many other prejudicial things to the accused could come on the record---Said facts having not been objected to/challenged by the accused which might not have formed a part of the record if his counsel had been present and might have weakened the prosecution case against him especially in cases such as the present one when the two concerned witnesses were crucial witnesses being eye-witnesses against the accused whose evidence mainly led to his conviction---Absence of counsel for accused during their evidence in chief where they fully implicated the accused in the murder caused great prejudice to the accused---Absence of counsel for the accused when the charge was framed against him and or during the evidence in-chief of a prosecution witness in a capital case, would lead to the case being remanded to the Trial Court---While setting aside convictions and sentences awarded to the accused through impugned judgment---Case was remanded to the Trial Court to conduct a de novo trial.

MASHOOQUE vs State Ss — 2023 PCrLJ 414 KARACHI-HIGH-COURT-SINDH

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