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Re-calling the P.Ws for cross examination–
In our view this observation of the learned Judges of the High Court
Division is uncalled for and not contemplated by settled principles of
criminal justice. Any individual accused person is liable to answer the
charges brought against him and the prosecution is bound to prove the
charges levelled against each individual accused beyond reasonable doubt,
and hence, no individual can be compelled nor can it be suggested to any
accused that he should adopt the cross-examination made on behalf of
another accused. Accordingly, the following words-“Re-calling our earlier
observation, however, we think that justice will meet to its end if the
accused-petitioner exercises option, if thinks so, to adopt the
cross-examination on behalf of the other accused-petitioners, specially of
Tareq Rahman…………” are hereby expunged. However, for the reasons
stated and in view of the discussion above we do not find any illegality in
rejecting the accused petitioner’s application for re-calling the
witnesses already examined and cross-examined. .....Begum Khaleda Zia =VS=
The State, (Criminal), 2018 (1) [4 LM (AD) 353] ....View Full Judgment
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