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Constitution of Pakistan (1973)----Art. 185(3)--Criminal Procedure Code (V of 1898), Ss.340 & 342-­Qanun-e-Shahadat Order (10 of 1984), Art. 44--Leave to appeal granted to consider inter alia questions of general public importance: (i) that whether amended S.340(2), Cr.P.C. and Art. 44 of Qanun-e-Shahadat Order, 1984 have retrospective effect, (ii) that whether conflict of authority as appearing from case law cited is reconcilable- and (iii) that whether laws relied upon by petitioner have changed a basic principle of criminal jurisprudence namely, that prosecution shall prove its case arc accused would not be burdened with proof of his innocence in such a way that accused would now be burdened with some responsibility to reach truth regarding his guilt or innocence. Faqir Hussain v. The State P L D 1985 Lah. 434; The State v. Maulvi Muhammad Jamil and others P L D 1965 S C 681; The State v. Khan Muhammad N L R 1985 Criminal Lah. 710 and Abdul Malik v. The State P L D 1985 F S C 293 ref. Syed Abul Aasim Jaffari, Advocate-on-Record for Petitioner. M. Zubair, Assistant Advocate-General Punjab for Respondent No.5. Date of hearing: 9th February, 1986. ORDER MUHAMMAD AFZAL ZULLAH, J.-- Leave to appeal has been sought from judgment, dated 25-1-1986 of the Lahore High Court, whereby a criminal revision filed by the petitioner (a complainant in a murder case), was dismissed. According to the learned counsel for the petitioner the accused respondent when examined under section 342, Cr.P.C. were not administered oath as required by amended subsection (2) of section 340, Cr.P.C. Therefore, the trial of the accused-respondent suffered from a serious legal infirmity which needed to be corrected now when the trial has not yet been concluded. Section 340, Cr.P.C. is reproduced below in original form as also in the form it attained after the amendment made therein by Code of Criminal Procedure (Amendment) Ordinance (XII of 1985), dated 21st February, 1985: Unamended/original Amended 340. (1) Any person accused of 340. (1) Any person accused of an offence before a Criminal an offence before a Criminal Court, or against whom Court, or against whom proceedings are instituted…

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