it is the duty of trial Court to examine the accused. Power to examine an accused under the settled principles of law is not mere a formality but a mandate to enable an accused to explain any circumstance, appearing against him in evidence. During this exercise every piece of evidence which can be used against appellant for the purpose of conviction is required to be put to him, so he may in a position to respond thereto. Every piece of evidence certainly includes the documentary evidence also. Said examination of accused is based on the principles involved in maxi “Audi Alteram Partem” that means „no one should be condemned unheard‟. These circumstances to be put to accused are also called „incriminate pieces of evidence‟. The word incriminating means “a material that has harmful effect”. Therefore, deviation from said duty shall render the conviction invalid.
Criminal Appeal No. 05 of 2021
(Mst. Zainab Bibi alias Gudo vs. The State
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