Law: Penal Code (XLV of 1860)

Section: 324,334,336B

Law: Criminal Procedure Code (V of 1898)

Section: 353

Law: Constitution of Pakistan, 1973

Section: 10A

Penal Code (XLV of 1860)--------Ss. 324, 334 & 336-B---Criminal Procedure Code (V of 1898), S. 353--Constitution of Pakistan, Art. 10-A---Attempt to commit qalt-i-amd, itlaf-i-udw, causing itlaf-salahiyyat-i-udw---Appreciation of evidence---Prosecution evidence to be recorded in the presence of accused---Fair trial---Scope--Accused was charged for throwing acid on complainant, injuring his eyes, face and hands---Accused/appellant was entitled as matter of right to be provided a pleader on state expense---Court should have appointed a pauper counsel for the accused to ensure presence of the counsel during the whole trial---Under Section 353, Cr.P.C, the evidence of all the witnesses must be recorded in the presence of the accused and his defence counsel---Idea behind this was that the appellant shall have fair trial as guaranteed by Art. 10-A of the Constitution---If the defence counsel had been present when the important witnesses were giving evidence in chief, he/she may have objected to certain questions being put and certain documents being exhibited, as such the fact that the defence counsel was not present during that process had caused prejudice to the appellant in his defence case and violated Art. 10-A of the Constitution---Impugned judgment was set aside and the case was remanded back to the trial Court for de novo trial.Date of hearing: 14th October, 2024.JUDGMENTMOHAMMAD KARIM KHAN AGHA, J.---Appellant Agha Shariq Raza was tried in the Court of IInd Additional District and Sessions Judge Karachi East in Session Case No.159/2019 arising out of FIR No.315/2018 under Sections 324/334/336-B P.P.C. registered at P.S. Soldier Bazar and after a full-fledged trial vide judgment dated 02.02.2023 he was convicted under section 265-H(2) Cr.P.C. for committing offence under sections 336-B and 324 P.P.C. and sentenced to .undergo R.I. for 14 years and to pay fine of Rs.onc million for the offence punishable under section 336-B P.P.C.. In case of his failure to pay the fine, he shall undergo S.I. for one year more. He was also convicted and sentenced to undergoR.I. for ten years and to pay Arsh as compensation for causing Itlaf-i-Udw of eyes, face and other…