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STATE versus MUHAMMAD SHERBAT


Sections 5 and 15 of the Code of Criminal Procedure (v. 1898), section 556, refer to the testimony court, referred to as a witness in this case, appeared before the trial court and later supported the prosecution's version. I recorded my statement. Upon this he was promoted as Additional District Judge and was appointed a member of the trial court and proceeded with the same trial. The question was whether the Additional District Judge who was a witness in this case was eligible to hear the matter? Regarding any judge who may raise concerns in the minds of the parties that they will not be given a neutral trial, Section 556 is not guaranteed, CRPC has allowed any judge to hear any trial. Did not give him any interest. Avoid the fear that the prejudice attributed by the judge may have gone against one of the parties and that the purpose was that justice should not only be done but the judge must also, before its promotion, be prosecuted. The witness was, after the trial member was appointed, dismissed against the accused, and he began proceeding with the case, for which the trial was inappropriate because he himself was a prosecutor against the accused. The testimony was set aside as a witness and the trial proceedings by the judge were dismissed and the trial proceeded. Later, the trial court was remanded in order to move the case forward and decide it according to law.

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