Law: Criminal Procedure Code (V of 1898)

Section: 356

Criminal Procedure Code (V of 1898)--- ----S. 356---Recording of evidence in absence of Presiding Officer of Court---Scope---Petitioner assailed order of Trial Court whereby it discarded the statement of complainant, which was recorded in the absence of Presiding Officer of Trial Court---Held; statement of complainant was not recorded by the Presiding Officer of Trial Court as he was not present in the Court at that time---Statement recorded in the absence of Presiding Officer of Trial Court, even in the presence of counsel for the complainant and Public Prosecutor would not be worth consideration under the law---Trial Court was perfectly justified in declining request of the petitioner to make statement of the complainant recorded in the absence of the Presiding Officer part of the record---Revision was dismissed. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, J.--- Rashid and two other petitioners are accused in the case lodged under sections 302/324/34, P.P.C. vide FIR No.372 dated 26.07.2015 on the report of complainant/respondent No.1, Ali Zaman. Through the instant criminal revision petition under section 439, Cr.P.C., they assailed order of the learned trial Court/ASJ-II, Mardan, dated 24.05.2018, whereby the learned trial Court discarded statement of the complainant/respondent No.1; which, according to the petitioners, was recorded in the Court as PW.6 in the presence of counsel for complainant and learned Public Prosecutor. They prayed for making statement of the complainant recorded as PW.6 as part of record of the case. 2. Arguments of learned counsel for the parties heard; and record perused. 3. It is an admitted fact, not even denied by the petitioners, rather admitted by them even in the…

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