Law: Criminal Procedure Code (V of 1898)

Section: 540

Law: Sindh Arms Act, 2013

Section: 23(1)(A)

(a) Criminal Procedure Code (V of 1898)--- ----S. 540---Re-calling and re-examining of witnesses---Any person having already been examined could be recalled and re-examined at any stage of the trial, if his evidence appeared to the court essential to the just decision of the case. (b) Sindh Arms Act (V of 2013)--- ----S. 23(1)(A)---Criminal Procedure Code (V of 1898), S. 540---Possessing unlicensed arms---Application for summoning prosecution witness, dismissal of---Accused-appellant was found in possession of unlicensed .30-bore pistol with three live bullets in its magazine---Accused was convicted and sentenced---Record showed that accused had not put material questions to the prosecution witnesses, who were admittedly examined by the prosecution in absence of the defence counsel---Trial Court, in such a situation, was obliged to indulge itself during the course of cross-examination of the said prosecution witnesses so as to go at the truth of the matter and to arrive at proper conclusion---Trial Court had dismissed the application filed under S. 540, Cr.P.C. on behalf of the accused-appellant, without considering such aspect of the case---Circumstances established that re-calling and re-examination of the said prosecution witnesses was essential to go at the truth of the matter---Appeal was allowed in circumstances by setting aside the conviction and sentence and case was remanded with the direction to decide afresh after giving full opportunity of cross-examination to the defence. Muhammad Murad Abro v. The State through A.G. Balochistan 2004 SCMR 966 and The State v. Muhammad Yaqoob and others 2001 SCMR 308 rel. THIS ORDER PASSED BY: KHADIM HUSSAIN M. SHAIKH, J.--- This criminal appeal is directed against the judgment dated 13.06.2016, passed by the trial Court i.e. the Court of 1st Additional Sessions Judge, Malir Karachi in Sessions Case No.788/2014 re-State v. Abid Ali culminated from Crime No.163/2014, for offence under section 23(i) (a) Sindh Arms Act, 2013 of Police Station Sharafi Goth, whereby the appellant Abid Ali has been convicted and sentenced to suffer R.I. for seven years, extending him benefit of section 382-B, Cr.P.C. 2. Briefly the facts…

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