2023 MLD 559
S . 540 --- Qanun - e - Shahadat ( 10 of 1984 ) , Arts . 132 & 133 --- Re - summoning prosecution witnesses for cross examination --- Scope --- Accused assailed order passed by Trial Court whereby it had dismissed the application for re - calling the order of closing accused person's right of cross examination --- Cross - examination on the witnesses could not be conducted due to the non - availability of the counsel for the accused and it appeared that the accused was using delaying tactics --- Trial Court had asked the accused to cross - examine the witnesses himself but the accused did not have sufficient expertise to cross - examine the witnesses and it could not be considered as substitute to the cross - examination conducted by a defence counsel --- High Court observed that it would be in the fitness of things if the defence counsel be given one more opportunity to cross - examine the witnesses --- Revision petition was allowed and the Trial Court was directed to give one more chance to the accused to complete the cross - examination .
0 Comments