ZUBAIR AHMED vs State Ss — 2023 PLD 151 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PLD 151 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PLD
Parties: ZUBAIR AHMED vs State Ss
Subject matter: Criminal
Provisions referred to: S. 231; S. 353; S. 537

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

ZUBAIR AHMED VS State Ss. 231, 353 & 537---Constitution of Pakistan, Art. 10-A---Recall of witnesses when charge altered---Evidence to be taken in presence of accused---Scope---Where evidence already recorded in first round of litigation, after framing of fresh charge, was adopted not only by the prosecution but also by the defense, High Court observed that such adoption of evidence was against the spirit of S. 231, Cr.P.C. which prescribed that if the charge was altered, added or amended, then the witnesses already examined were to be re-called and re-examined, on point of alteration, addition or amendment so made in the charge---Adoption of such evidence was also contrary to the mandate contained in S. 353, Cr.P.C., which prescribed that the evidence of witnesses shall be taken in presence of accused facing trial---Procedure adopted by the Trial Court being incurable had not only occasioned in failure of justice, as defined in subsection (b) of S. 537, Cr.P.C. but had prejudiced the appellant in his defense seriously, which was against the mandate contained in Art. 10-A of the Constitution, which guaranteed chance of fair trial and due process to every citizen for determination of his civil/criminal rights and obligations---Case was remanded to the Trial Court for fresh/de novo trial.

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