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SHER MUHAMMAD versus STATE


Pakistan Penal Code Section 302 Criminal Procedure Code (v. 1898), Section 340 Constitution of Pakistan (1973), Article 10 (1), without the consent of the accused, the defense counsel appointed at the expense of the state, under which, without the request of the accused, The defense lawyer was appointed by the trial court and the defendant's request for permission to cross-examine the witnesses was rejected, which could not be considered justifiable for the proceedings due to justice, the trial court said. The appointment of a defense lawyer could not be defended. On the basis that no allegation of any prejudice was taken from the accused or it was stated that the lawyer had, by competence, conducted the trial, the accused had his constitutional right conferred under Article 10 (1) of the Constitution. Was denied and was not given the proper opportunity to examine witnesses through which they could go on any matter. The lawyer of his choice was sentenced to trial and the accused's conviction was set aside in the circumstances and the trial was set up in the trial court for the purpose of examining only those witnesses who engaged in the defense's defense counsel. Cross-checking by was not allowed.

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