Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution of Pakistan (1973) Art. 185 (3)-Leave to appeal-Submissions made by parties although important and intricate on academic plane and as abstract propositions of law requiring consideration by Supreme Court in a more appropriate case yet facts and circumstances and stage of proceedings of case in hand, held, not such as to justify interven tion-Trial left to be concluded so that effect of action complained of can-be reviewed, if necessary, in totality of facts of case and decision given therein. Date of hearing : 9th October, 1979.                                                                                                                          ORDER SHAFI-UR-REHMAN, J.-This is a petition on behalf of the State seeking leave to appeal against the dismissal of a Cr. Revision Petition by the High Court of Surd on 8th August, 1979. . 2. The circumstances in which such a petition has arisen are, in brief, that a girl by the name of Tarranum Aziz, aged about 8 years, was kidnap ped and later her dead body was found on 10th February, 1978 in Federal B Area, Karachi. A case was registered under sections 302/34, 364-A/376/34 and 377/34, P. P. C. and the respondents were put up as accused after the investigation in the case was completed. The trial of the case started in the Court of Mirza Arshad Beg, Sessions Judge. Karachi, and was in progress when he retired on 31st December, 1978. Till then out of 53 witnesses for the prosecution evidence of 41 witnesses had been examined, 5 witnesses were given up by the prosecution and there remained 7 witnesses more to be examined. He was succeeded, by another officer as Sessions Judge. An application was presented before him by the accused facing the trial requesting that they did not want de novo trial or recall of the witnesses already examined as the trial had already been inordinately delayed and that they…