Summary: (a) Criminal Procedure Code (V of 1898)---- ----Ss. 233, 235 & 239---Separate charges for distinct offences---Joint trial---Same transaction---General rule and exceptions---Held, that S.233, Cr.P.C. embodies the general rule that every distinct offence shall carry a separate charge and every such charge shall be tried separately---Such rule is, however, subject to the exceptions contained in Ss.234, 235, 236 and 239, Cr.P.C.---Section 235 permits one accused to be charged and tried in one trial for multiple offences where the offences arise from one series of acts so connected together as to form the same transaction---Section 239(d), Cr.P.C. extends the principle to joint trial of several accused for different offences committed in the course of the same transaction---Provisions of Ss.235 and 239 are enabling and discretionary, not mandatory, because the legislature used the expression “may”---Mere legal possibility of joinder does not create a legal duty to consolidate trials. Cited Cases: • MD. Mosaddar Hoque and another v. The State PLD 1958 SC 131 • Shahadat Khan and another v. Home Secretary PLD 1969 SC 158 • Nadir Shah v. The State 1980 SCMR 402 (b) Criminal Procedure Code (V of 1898)---- ----Ss. 235 & 239---Expression “same transaction”---Tests for determination---Continuity of action---Community of purpose or design---Causal connection---Held, that the expression “transaction” is not defined in the Code and it is for the Court to determine whether a given set of facts constitutes the “same transaction”---Tests include proximity of time and place, community of purpose or design, continuity of action and causal connection---Proximity of time and place alone is insufficient; the essential elements are community of purpose or design and continuity of action---Where offences are separable in nature, purpose and motive, they cannot automatically be treated as forming the same transaction---In the present matter, allegations relating to physical occurrence and allegations relating to later dissemination of the event were separable; former could relate to sexual gratification while the latter could relate to humiliation, degradation or blackmail---Same transaction was therefore not established. Cited Cases: • MD. Mosaddar Hoque and another v. The State PLD 1958 SC 131 • Emperor v. Datto Hanmant Shahapurkar ILR 30 Bom 49 • Babulal Chaukhani v. King Emperor 65 IA 158 • Emperor v. Sejmal Poonamchand ILR 51 Bom 310 • Ata Muhammad Khan Alvi v. Crown PLD 1950 Lahore 288 (c) Anti-Rape (Investigation and Trial) Act (XXXI of 2021)---- ----Ss. 9 & 16(4)---Prevention of Electronic Crimes Act (XL of 2016), Ss.29 & 30---Special statutes---Separate investigative and trial mechanisms---Joint trial of scheduled and non-scheduled offences---Scope of S.16(4) of Anti-Rape Act---Held, that the Anti-Rape Act and PECA are special statutes with distinct investigative and procedural regimes---Scheduled sexual offences under the Anti-Rape Act are to be investigated by Special Sexual Offences Investigation Units, whereas offences under PECA are investigated by the notified cybercrime investigation agency---Section 16(4) of the Anti-Rape Act, 2021, which provides that the Special Court “may also try” connected non-scheduled offences, is an enabling provision and must be read narrowly so as not to displace the forum and procedure contemplated by PECA---Consolidation across separate statutory regimes may raise issues of jurisdictional enlargement not expressly conferred by law. (d) Constitution of Pakistan---- ----Art.175(2)---Jurisdiction of courts---Special courts---Joint trial across statutory regimes---Held, that in view of Art.175(2) of the Constitution, Courts must avoid any impression of enlarging jurisdiction beyond what is expressly conferred by law---Where legislature has created separate court structures for distinct categories of offences, consolidation of proceedings across different regimes is not to be ordered mechanically---Court must exercise caution before requiring a trial court to assume jurisdiction not clearly conferred by the relevant statute. (e) Criminal Procedure Code (V of 1898)---- ----Ss. 173, 233, 235 & 239---Separate FIRs under different statutory regimes---Separate investigations and challans---Charges framed and evidence partly recorded---Consolidation after commencement of trial---Held, that where separate FIRs were registered under two different statutory regimes, separate investigations were undertaken by distinct agencies, separate reports under S.173, Cr.P.C. were submitted, separate charges had been framed and prosecution evidence had partly been recorded, formal consolidation at such advanced stage would require alteration of charges and restructuring of proceedings---Consolidation after commencement of evidence is an exception rather than the norm---Discretion under Ss.235 and 239, Cr.P.C. is to be exercised judiciously and not mechanically. (f) Criminal Procedure Code (V of 1898)---- ----Ss. 235 & 239---Joint trial---Apprehension of conflicting judgments---Same Court conducting both trials---Held, that apprehension of conflicting judgments did not arise in the peculiar facts where both matters stood entrusted to the same Court---Possibility of inconsistency is substantially minimized when the same judicial forum evaluates the evidence---Simultaneous continuation of separate trials before the same Court sufficiently safeguards coherence in proceedings without disturbing the procedural structure already in place. (g) Constitution of Pakistan---- ----Arts.10-A & 14---Qanun-e-Shahadat Order (10 of 1984), Arts.131 & 143 to 148---Cross-examination---Right of accused---Protection of witness dignity---Role of trial Judge---Held, that the right of an accused to cross-examine a complainant or witness exists, but it is neither unlimited nor unbridled---Trial Judge must balance the right of cross-examination with the right of fair trial and human dignity guaranteed under Arts.10-A and 14 of the Constitution---Questions which are irrelevant, indecent, without reasonable grounds, or intended to insult or annoy the witness must not be permitted---Prolonged cross-examination designed to exhaust the witness or manipulate error amounts to misuse of such right---Presiding Judge must not remain a silent spectator and should intervene where cross-examination is abused. (h) Constitution of Pakistan---- ----Arts.9, 10-A & 14---Witness protection and dignity---Witness box---No requirement that witness must remain standing---Provision of seating arrangements---Held, that there is no legal requirement under the Code of Criminal Procedure, 1898, Code of Civil Procedure, 1908, or Qanun-e-Shahadat Order, 1984 that a witness must remain standing while giving evidence---Compelling a witness, particularly in sexual offence cases, to remain standing for prolonged periods during testimony imposes unnecessary physical and psychological burden and may impair clarity and composure of evidence---Allowing a witness to remain seated does not diminish the sanctity of oath or dignity of judicial proceedings; rather, it promotes fairness, composure and orderly administration of justice---Witnesses assist the administration of justice and must be treated with dignity, security and respect. (i) Witness protection statutes---- ----Witness Protection, Security and Benefit Act, 2017---Sindh Witness Protection Act, 2013---Balochistan Witness Protection Act, 2016---Punjab Witness Protection Act, 2018---Khyber Pakhtunkhwa Witness Protection Act, 2021---Protection of witnesses and complainants---Constitutional duty of State---Held, that protection of witnesses and complainants is grounded in Arts.9, 10-A and 14 of the Constitution and reinforced by federal and provincial witness protection laws---State is under a constitutional obligation to ensure that witnesses and victims are protected from intimidation, coercion, humiliation and undue hardship so that testimony may be rendered freely and judicial proceedings may proceed in accordance with law. (j) Administration of justice---- ----Witness seating arrangements---Directions to subordinate courts, Special Courts and Tribunals---Held, that all District and Sessions Judges, courts subordinate to them, Administrative Judges of Special Courts and Tribunals in Pakistan were directed to ensure that appropriate seating arrangements are mandatorily provided to persons in the witness box, whether by chair, seat or bench---Registrar of Supreme Court was directed to circulate the judgment to the Chief Justices of all High Courts for implementation and compliance in all courts where evidence is recorded, including civil courts, criminal courts, special courts and tribunals. (k) Constitution of Pakistan---- ----Art.185(3)---Leave to appeal---Consolidation of trials---Discretion exercised by Courts below---Interference by Supreme Court---Held, that the impugned order did not suffer from any jurisdictional defect, illegality or perversity warranting interference under Art.185(3) of the Constitution---Question raised related essentially to exercise of judicial discretion by Courts below and did not call for intervention in absence of injustice. Disposition: Leave to appeal was refused and Criminal Petition No.1160 of 2025 was dismissed; directions were issued for mandatory seating arrangements for witnesses in courts and for circulation of the judgment to all High Courts for implementation.