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

Section: 133

Qanun-e-Shahadat (10 of 1984)---Art.133---Cross-examination of witness by accused---Effect---Trial Court had recorded cross-examination of two witnesses in absence of the counsel for the accused which exercise of powers had vitiated the entire subsequent case proceedings---Though the witnesses were cross-examined by the accused himself but when he had already engaged a lawyer to defend him in the case then in that situation the Trial Court was legally bound to adjourn the case for absence of the accused person’s lawyer rather than proceeding with the case by directing and allowing the accused to do the duty of his lawyer---Proceedings conducted by the Trial Court in absence of the accused person’s counsel could not be countenanced---Appeal was allowed, impugned was set aside and the case was remanded to the Trial Court for decision afresh. JUDGMENT: LAL JAN KHATTAK, JUSTICE:---.--- This appeal under section 410, Cr.P.C. is directed against the judgment dated 14.05.2019 of learned Special Judge Anti-Corruption (Central) Khyber Pakhtunkhwa, Peshawar, whereby the appellant has been convicted and sentenced to (i) Four years imprisonment with fine of Rs.4,00,000/- (four lac) under section 409, P.P.C. (ii) Four years imprisonment with fine of Rs.4,00,000/- (four lac) under section 5 (2) of Prevention of Corruption Act, 1947 (iii) two years imprisonment under section 418, P.P.C. (iv) two years imprisonment with fine of Rs.2000/- (two thousand) under section 420, P.P.C. (v) half of the imprisonment shall be R.I. and remaining half S.I. and shall be concurrent in nature. (vi) If he pays fines out of which Rs.7,25,725/- (seven lac, twenty five thousand seven hundred and twenty five) shall be paid to the complainant party/USC under section 545(1)(B)(C), Cr.P.C. and if he fails to pay fines, he will suffer further 2/2 years and 2 months concurrent R.Is. respectively at the expiration of main imprisonments. (vii) Benefit of section 382-B, Cr.P.C. towards simple parts of the main imprisonments. 2. Brief facts of the case are that on the written report of Regional Manager USC Mardari region Muhammad Mushtaq to Director FIA, Peshawar Zone vide letter dated 13.10.2009 annexed…

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