Case Details

Citation(s)
1985 SLG 800 1985 SLD 800 1985 SCMR 1442
Supreme Court of Pakistan
Criminal Appeal No. 90 of 1982, decision dated: 18-05-1985. dates of hearing: 27th March; 12th and 18-05-1985 (On appeal from the judgment and order, dated 3-2-1982 of the Lahore High Court, Rawalpindi Bench, Rawalpindi passed in Criminal Appeal No.1149 o
MUHAMMAD HALEEM, C.J., SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA AND MIAN BURHANUDDIN KHAN, JJ

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GHUALM MUHAMMAD

THE STATE

Law:

Section:

Constitution of Pakistan (1973 )--Art, 185--Criminal Procedure Code (V of 1898), Ss. 161 & 241-A Supreme Court, coming across a police statement of complainant while appeal was being argued--Copy of such statement apparently not supplied to accused--Accused, held, was denied the right to cross-examine complainant with regard-to his previous statement which was a gross violation of law and prejudice must be presumed to have been caused to accused--Order of High Court was set aside and case was remanded for enabling accused to cross-examine complainant with regard to hi: statement--Accused was also ordered to be given opportunity to lead defence if any and case then to be decided afresh on merits. ORDER MUHAMMAD HALEEM, C.J.--While the case was being argued, we came across a police statement of complainant Muhammad Aslam Sethi (P.W.5) which was allegedly recorded by the Deputy Superintendent of Police, Crime Branch, Lahore, on 21st of March, 1977, a copy of which apparently had not been supplied to the appellant as required under the law. The learned counsel for the appellant was also not in a position to affirm or deny its non-supply to the appellant. The complainant was cross-examined with reference to some police statement, but the trial Court mistook…
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