FATTA vs THE STATE- — 1971 PCRLJ 1054

Citation: 1971 PCRLJ 1054

Court: Lahore High Court

Year: 1971

Decision Date: 1971-03-04

Parties: FATTA vs THE STATE-

Headnotes

Case cited as 1971 PCRLJ 1054

Judgment Text

Court Name: Lahore High Court Judge(s): Ataullah Sajjad Title: FATTA vs THE STATE- Case No.: Criminal Revision No. 1202 of 1969 Date of Judgment:1971-03-04 Reported As: 1971 P Cr. L J 1054 Result: Order accordingly Judgment ORDER The grievance made out in this application. Is that on 12th of August 1969, when .Three prosecution witnesses, were examined, the counsel for the petitioner and his co-accused was busy in another case and the witnesses could not, therefore, be properly cross-examined. Some more evidence was examined on 6th of October 1969, on which date the counsel for the petitioner and his co- accused was ill in Lahore and he sent a telegram to the learned Magistrate to this effect. The learned Magistrate, however, refused to adjourn the case and the accused had to cross-examine the witnesses. An application for recalling the witnesses for cross-examination was dismissed on the ground that the witnesses had already been cross-examined. 2. The fact stands that the counsel for the petitioner and his co-accused was absent on both the occasions and there is some force in the contention of the learned counsel for the petitioner that the witnesses were not properly cross-examined. Section 257, Cr. F, C. As amended by West Pakistan Act, XVII of 1964, does not permit the recalling of a witness who has already been cross- examined. The Supreme Court suggested in the case of State v. Muhammad Jamil (PLD 1965SC681) that in similar contingencies resort may be had to section…

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