Citation Name: 2025 MLD 1080 KARACHI-HIGH-COURT-SINDHBookmark this Case Irshad Ali vs State S

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Citation Name: 2025 MLD 1080 KARACHI-HIGH-COURT-SINDHBookmark this Case Irshad Ali VS State S. 409---Prevention of Corruption act (II of 1947), S. 5(2)---Constitution of Pakistan, art. 10-a---Criminal breach of trust by public servant, criminal misconduct---appreciation of evidence---Fair and meaningful opportunity to cross-examine witnesses not provided---Fair trial and due process---De-novo trial---appellant was charged for committing misappropriation of 4,958 bags of wheat and causing loss of Rs. 6,259,475/= to the Government exchequer---Trial Court recorded the evidence of Circle Officer/complainant, however, the cross-examination of the said witness was initially marked as "reserved."---Subsequently, an advocate cross-examined the said witness, however, his wakalatnama was not found in the entire case file---Furthermore, the Investigating Officer was cross-examined by another counsel and only a single question was put to him---Similar situation was observed in the case of the third prosecution witness, which demonstrably indicated that the appellant was not afforded a fair and meaningful opportunity to cross-examine the witnesses---Such denial of a fundamental right constituted a manifest violation of art. 10-a of the Constitution of Pakistan, which guaranteed the right to a fair trial and due process---Evidence recorded under such circumstances holds no legal sanctity or evidentiary value, as a conviction could not safely be based on such defective proceedings, particularly where the credibility of the witnesses remained untested on the touchstone of cross-examination---appeal was allowed by setting aside the impugned judgment and the case was remanded to the Trial Court for the purpose of conducting a "de novo" trial---High Court directed that the Trial Court shall recommence proceedings from the stage of recording evidence, including examination-in-chief and cross-examination of all three prosecution witnesses, that the Trial Court shall to ensure that the appellant was afforded a fair and meaningful opportunity engage a counsel of his own choice and cross-examination of the witnesses was to be conducted in the presence of the defence advocate---Order accordingly.

Citation Name: 2025 MLD 1080 KARACHI-HIGH-COURT-SINDHBookmark this Case Irshad Ali vs State S — 2025 MLD 1080 KARACHI-HIGH-COURT-SINDH

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