Law:

Section:

Criminal Procedure Code (V of 1898)--Ss.540 & 342---Accused according to the principles of. law, after recording fresh evidence, were not only entitled to be pointed out the incriminating pieces of evidence against them and examined, but the direction of the. Appellate Court in its remand order was explicit in this behalf---Failure of Trial Court to do so after recording fresh evident. had resulted in prejudice to the accused as that evidence had been relied upon .in convicting them--­Convictions and sentences of accused were consequently set aside and the case was remitted to Trial Court to examine the accused under S.342, Cr.P.C. with reference to the incriminating pieces of evidence freshly recorded against them and to proceed further in accordance with the direction given in the earlier order of remand. Anand Parkash v. Emperor AIR 1934 Lah. 631; Kundan Lal v.. Emperor AIR 1934 Lah. 648 and Majibar Rahman and others v. The State . PLD 1961 Dacca 96 ref. JUDGMENT JUSTICE ABDUL SHAKURUL SALAM (CHAIRMAN): --Leaving aside details not necessary for disposal of this appeal, relevant facts are that the order of acquittal of the appellants by the learned Judge, Special Court for Speedy Trial, Rawalpindi dated 30-9-1991 was set aside by the learned Supreme Appellate Court, Rawalpindi vide judgment dated 13-11-1991 and case remanded to the said Special Judge for retrial from the point at which he had last left the case on 25-9-1991 so that he can summon and record further evidence, as stated in para.11 above, and after examining all the accused once again under section 342, Cr.P.C. and, recording their statements on Oath under section 340(2), Cr.P.C., if any given, and their defence, if any desired to be produced, to finally give judgment in the case". In pursuance of this order; the learned Judge examined two Court witnesses namely Farooq Ahmad Inspector F.IA. and 1nam Ellahi, Deputy Superintendent Customs as C.W.2 and C.W.3 respectively. He recorded the statements of the accused under section 342, Cr.P.C. Three defence witnesses namely Shaukat, Sharif and Muhammad Aslam were examined as D.W.3, D.W.4 and. D.W.5: The defence evidence was closed on 18-12-1991. The…

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