Law: Criminal Procedure Code (V of 1898)

Section: 435, 439

Criminal Procedure Code (V of 1898) Ss. 435 & 439-Revision (criminal)--Cross-examination of witnesses, right of Prosecution witnesses not cross-examined before framing of charge against petitioners-Trial Court, held, bound to summon such witnesses for cross-examination after framing charge and permit accused-petitioners to cross-examine them--Case remanded.-[Wit ness]. Saiful Kabeer v. State 1968 P Cr. L J 135 rel. Date of hearing: 18thOctober, 1980.                                                                                                                                               JUDGMENT RUSTAM S. SIDHWA, .J.--This is a reference under section 438, Cr. P. C, by an Additional Sessions Judge of Lahore recommending that the application of the accused-petitioners for the recall of certain prosecution witnesses for their cross-examination should be accepted. 2. The brief facts of the case are that Tariq and Muhammad Yasin, petitioners, were challaned under section 411, P. P. C. for being in possession of stolen articles. The prosecution examined Manzur Ahmad complainant, Muhammad Hussain, Saeed Hassan, Sabir Hussain and Mirza Muhammad Ali Baig, and the learned trial Magistrate came to the conclusion that prima facie a case was made out against the petitioners. Consequently, a charge was framed against them under section 411, P. P. C. An opportunity was given to the petitioners before the framing of charge to cross-examine Muhammad Hussain and Saeed Hassan, but they did not prefer to put any questions to them. After the charge was framed against them; the petitioners applied to summon these witnesses in order to cross-examine them. Their…