Citation Name: 2025 YLR 808 KARACHI-HIGH-COURT-SINDHBookmark this Case Agha Shariq Raza vs State Ss — 2025 YLR 808 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 YLR 808 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: YLR
Parties: Citation Name: 2025 YLR 808 KARACHI-HIGH-COURT-SINDHBookmark this Case Agha Shariq Raza vs State Ss
Subject matter: Criminal
Provisions referred to: S. 353---C; B---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 YLR 808 KARACHI-HIGH-COURT-SINDHBookmark this Case Agha Shariq Raza VS State Ss. 324, 334 & 336-B---Criminal Procedure Code (V of 1898), S. 353---Constitution of Pakistan, Art. 10-A---Attempt to commit qalt-i-amd, itlaf-i-udw, causing itlaf-salahiyyat-i-udw---Appreciation of evidence---Prosecution evidence to be recorded in the presence of accused---Fair trial---Scope---Accused was charged for throwing acid on complainant, injuring his eyes, face and hands---Accused/appellant was entitled as matter of right to be provided a pleader on state expense---Court should have appointed a pauper counsel for the accused to ensure presence of the counsel during the whole trial---Under Section 353, Cr.P.C, the evidence of all the witnesses must be recorded in the presence of the accused and his defence counsel---Idea behind this was that the appellant shall have fair trial as guaranteed by Art. 10-A of the Constitution---If the defence counsel had been present when the important witnesses were giving evidence in chief, he/she may have objected to certain questions being put and certain documents being exhibited, as such the fact that the defence counsel was not present during that process had caused prejudice to the appellant in his defence case and violated Art. 10-A of the Constitution---Impugned judgment was set aside and the case was remanded back to the trial Court for de novo trial.

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