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1999 P Cr. L J 1438

Mst. RACHEL JOSEPH vs AFTABUDDIN QURESHI and others

Citation1999 P Cr. L J 1438
CourtSindh High Court
Case No.Criminal Revision No,81 of 1997
Date1997-12-15
Judge(s)Abdul Hameed Dogar
ResultOrder accordingly

ORDER

1. From the impugned order, it transpires that neither application under section 428, Cr.P.C. Preferred by respondents is allowed nor is dismissed, but it is simply observed that the requisite documents which respondent wants to produce as additional evidence be filed alongwith the statement and the same may be considered at the time of final hearing of appeal. The provisions laid down under section 428, Cr.P.C. Stipulates that if Appellate Court comes to a conclusion that it will be just and proper to adduce additional evidence at the appellate stage then such reasons are to be recorded. In this case apparently this provision of law has not been complied with directly. This revision is being disposed of along with Miscellaneous Applications with the observation that the learned Appellate Court would dispose of application under section 428, Cr.P.C. Strictly according to law and after giving opportunities to the complainant as well as accused of full hearing. The Appellate Court should take I/ efforts to dispose of appeal as early as possible.

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