Law:

Section:

(a) Penal Code (XLV of 1860)--- ---- S. 336 --- Oaths Act (X of 1873) [as ametided by Federal Laws (Revision Declaration) Ordinance (XXVII of 1981)], Ss.6, 7 & 13 --- Recording of evil on oath --- Evidence of prosecution witnesses having been recorded on so affirmation and not on oath prosecution filed application before Trial Court resuming of prosecution witnesses for recording their statements on o Such application was resisted by accused contending the non-recordin evidence on oath would not render evidence inadmissible --- Held, amendment in S.6 of Oaths Act, 1873 by Federal Laws Revision Declaration Ordinance, 1981 it was compulsory for Muslim witness to d on oath and even according to S.7 of Oaths Act, 1873 all Courts were bou administer oath to witnesses in prescribed amended form of oath---Applia filed by prosecution for resuming prosecution witnesses for recording evidence on oath, was rightly accepted by Courts below as no prejudice likely to be caused to accused persons as they would definitely proper opportunity of cross-examination and also to adduce de evidence. 1992 SCMR 408 and PLD 1991 FSC I ref. (b) Constitution of Pakistan (1973)--- ---- Art. 199 --- Oaths Act (X of -1873), Ss. 6, 7 & 13 --- Constitution jurisdiction --- Exercise of---Courts below applying their judicious mind independently, concurrently allowed application for re-summoning witnesses for recording their statement on oath --- Two Courts below having not committed any material irregularity or illegality rather having applied their judicious mind independently while passing orders on application for re-summoning witnesses, concurrent orders passed by Court below could not be interfered with in Constitutional jurisdiction of High Court. ORDER The brief facts of the case are that a criminal case F.I.R. No.330, dated 8-9-1992 under section 336, P.P.C. was registered against the petitioners at Police Station City Shah Kot. The challan was submitted to Court of competent jurisdiction after thorough investigation by the Investigating Agencies. Ultimately charge was framed under section 336, P.P.C. against the petitioners and evidence of P.Ws. Mian Muhanunad Inayat, MuJahid…

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