Law: Criminal Procedure Code (V of 1898)

Section: 512

Law: Constitution of Pakistan, 1973

Section: 10A

Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 133

Criminal Procedure Code (V of 1898)--- ----S. 512---Qanun-e-Shahadat (10 of 1984), Art. 133---Constitution of Pakistan, Art. 10A---Penal Code (XLV of 1860), S. 302(b)---Right to fair trial---Scope---Evidence of prosecution witnesses recorded in absence of accused (proclaimed offender)---Accused not allowed to cross-examine said prosecution witnesses after his arrest but before conclusion of trial---Legality---Before the trial, in the present case, had come to a close and before a stage was reached when the Trial Court could consider the evidentiary value of the un-cross-examined statements of the prosecution witnesses recorded under S. 512, Cr.P.C., the accused had been arrested and was brought before the Trial Court to face his trial---Before conclusion of his trial accused had appeared before the Trial Court and wanted an opportunity to cross-examine the prosecution witnesses which opportunity was denied to him by the Trial Court---Right to fair trial was fundamental right and in all situations wherein an apparent injustice may appear to be imminent a Trial Court was to resolve such issues in the light of the principles of fairness, particularly when no serious prejudice was likely to be caused to the opposite party---High Court had rightly set aside the convictions and sentences recorded by the Trial Court and remanded the case to the Trial Court with a direction to proceed with the trial afresh from the stage of recording of statements of the prosecution witnesses and to afford an opportunity to accused to cross-examine the said prosecution witnesses---Petition for leave to appeal was dismissed and leave was refused. THIS ORDER PASSED BY: ASIF SAEED KHAN KHOSA, J.--- Criminal Miscellaneous Application No. 47-P of 2015 This miscellaneous application is allowed and the documents appended therewith are permitted to be brought on the record of the main petition. Disposed of. Criminal Petition No. 47-P of 2015 2. The petitioner happens to be the son of the person murdered in this criminal case whereas respondent No. 1 is one of the accused persons facing the trial. At some stage of this case respondent No. 1 had been declared a Proclaimed Offender and in his…

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