Law:

Section:

Dispensation of Criminal Justice-- ----Scope--Adversial in nature--Clerical mistake--Rectification--Prosecution can, however, dislodge that presumption of innocence on strength of evidence to be adduced in accordance with rules of procedure--Trial of an accused is to be conducted in accord with commands of procedure; it must be least embarrassing to accused' enabling him to conveniently and comfortably meet prosecution half way--Without being hyper-technical rules of procedure are to be faithfully followed as these constitute an integral part of due process of law which is inexorably annexed with procedural fairness. Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 133(3)--Evidence in criminal trial--Cross-examination--Rectification--Evidence in a criminal trial is to be recorded in a manner provided under Art. 133 of Q.S.O. which permits re-examination only in relation to explanation of matters referred to in cross-examination or with a new matter by permission of Court--Provisions of Art. 133(3) cannot be invoked for rectification of an alleged error as no such rectification is contemplated thereunder and instead at most an explanation may be solicited from a witness with regard to his deposition in cross-examination. JUDGMENT The petitioner, accompanied by his co-accused, is confronting indictment of homicide before a learned Addl. Sessions Judge at Chichawatni. One of the prosecution witnesses Manzoor Ahmad appeared as PW-3 and stated on oath that within his view Riaz, co-accused made two fire shots which hit Abdul Razzaq deceased on his back; this statement was made on 25-2-2015. On 31-3-2015,Manzoor Ahmad, PW-3 moved an application that injuries assigned to Riaz accused were in fact attributed by him to Ejaz, petitioner, however, due to clerical mistake, name of Ejaz found mention in the record; rectification was prayed for, contested by the petitioner, however, learned trial Judge vide impugned order dated 17-4-2015 recorded statement of Manzoor Ahmad (PW-3) afresh and thereby allowed him to rectify the alleged error through his re-examination. The defence, asked to cross-examine the witness, requested for adjournment to challenge the vires of…

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