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Citation Name: 2025 PCrLJ 369 KARACHI-HIGH-COURT-SINDHBookmark this Case Mehrab BangUlani vs State Ss — 2025 PCrLJ 369 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 PCrLJ 369 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
PCRLJ
Parties
Citation Name: 2025 PCrLJ 369 KARACHI-HIGH-COURT-SINDHBookmark this Case Mehrab BangUlani vs State Ss
Subject matter
Criminal
Provisions referred to
S. 353---Q; Criminal Procedure Code (V of 1898)

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

Citation Name: 2025 PCrLJ 369 KARACHI-HIGH-COURT-SINDHBookmark this Case Mehrab BangUlani VS State Ss. 302(b), 311, 120-B & 34---Criminal Procedure Code (V of 1898), S. 353---Qatl-i-amd, ta'azir after waiver or compounding of right of qisas in qatl-i-amd, criminal conspiracy, common intention---Appreciation of evidence---Evidence to be taken in presence of accused---Right to fair trial and due process---Scope---Accused was charged that he along with his co-accused person committed murder of the deceased lady by firing on the allegation of kari---Record showed that the examination-in-chief of star witness was recorded in the first round of proceedings---Examination-in-chief of the lady was recorded in the absence of the prosecutor as well as the complainant's counsel---Section 353, Cr.P.C, established that all evidence in a trial or inquiry must be taken in the presence of the accused, ensuring their awareness of the proceedings and ability to contest the evidence against them---If personal attendance was deemed unnecessary, the presence of the accused's legal representative (pleader) sufficed, allowing for continued legal representation---Said provision underscored the right to a fair trial, promoting transparency and the accused's participation in the judicial process---Courts must ensure accurate records of attendance, balancing the need for the accused's presence with practical considerations, such as health issues or logistical challenges---However, if the accused are absconding, the Court may proceed without them, albeit with caution, to uphold legal rights, particularly in serious criminal cases where the consequences of conviction are significant---Appeal against conviction was allowed, in circumstances.

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