642/2019 Criminal Appeal MUHAMMAD SHOIB S/O MUHAMMAD RAMZAN (Appellant) V/S THE STATE THROUGH P.G SINDH (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Salahuddin Panhwar(Author)
Order Date: 12-JAN-21
In this case death penalty is provided yet the accused was deprived of his right to cross-examination which, legally, is the only weapon to test the veracity and credibility of the witness. Such trial, legally, being defective, cant be stamped. At this juncture Ms. Sadia Khatoon further contends that though they preferred application for cross examination that was also not entertained, same is yet pending. Such addition makes the position rather miserable. Accordingly, this is a case of denovo trial, hence impugned judgment recorded by the trial court is hereby set aside. Case is remanded back at the stage of cross examination of the witnesses and thereafter trial court shall record statement under section 342 Cr.P.C., provide opportunity of defence and after hearing the parties decide the case on merits.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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