Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 392/34---Criminal Procedure Code (V of 1898), Ss. 340, 342 & 364(2)---Qanun-e-Shahadat (10 of 1984), Art.161---Robbery, common intention---Appreciation of evidence---Remand of case to Trial Court---Court failing/omitting to put important questions to the accused in terms of S. 342, Cr.P.C.---Opportunity to cross-examine witnesses through counsel not provided---Effect---Accused was alleged to have snatched complainant's cell phone from him after threatening him with a weapon---Robbed cell phone was allegedly recovered from the possession of the accused---Trial Court convicted and sentenced the accused under Ss. 392 and 34, P.P.C.--- Validity--- Prosecution witnesses were cross-examined during trial by the accused himself but his ability to cross-examine could not be substituted with that of a counsel---Duty was conferred upon the Trial Court to cross-examine the witnesses to extract the truth to arrive at a just decision of the case but in circumstances of the case Trial Court did not conduct the trial in accordance with S. 340, Cr.P.C. and Art. 61 of Qanun-e-Shahadat, 1984---Statement of accused in terms of S. 342, Cr.P.C. had not been recorded in accordance with its spirit---Trial Court had observed in the impugned that accused was apprehended with the robbed mobile, yet such question was not put to the accused while recording his statement under S.342, Cr.P.C., thereby he was deprived from explaining his position to that extent---Perusal of record also showed that statement of accused under S. 342, Cr.P.C. had not been recorded in accordance with S. 364(2), Cr.P.C., which provided that a judge "shall" certify under his own hand that examination was taken in his presence and hearing and that the record contained a full and true account of statement made by the accused---Impugned of Trial Court was set aside, case was remanded to the Trial Court for decision afresh with the direction that accused be provided an opportunity to cross-examine the witnesses through a counsel and further re-examine accused under S. 342, Cr.P.C. in accordance with provisions of S. 364, Cr.P.C. by inviting his attention to all incriminating…

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