Case Details

Citation(s)
2001 SLG 783 2001 SLD 783 2001 SCMR 424
Supreme Court of Pakistan
Criminal Appeals Nos. 36 to 43 of 2000. decided on 16th October, 2000. dates of hearing: 19th to 22nd and 25th to 29th September, 2000
ABDUR REHMAN KHAN, IFTIKHAR MUHAMMAD CHAUDHRY AND ABDUL HAMEED DOGAR, JJ
Muhammad Naeem Sheikh, Advocate Supreme Court for Appellants. Maqbool Elahi Malik, A.G., Punjab, Ms. Yasmin Saigal, Asstt. A.G., Muhammad Bashir Ch., Asstt. A.G. and Rao Muhammad Yousuf Khan, Advocate-on-Record for the State

IMRAN ASHRAF and 7 others

VS

THE STATE

Law: Pakistan Penal Code, 1860

Section: 302,149,148,382,120A

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Criminal Procedure Code (V of 1898)

Section: 154,540,535,537,227,000

Law: Anti Terrorism Act, 1997

Section: 7

(a) Penal Code (XLV of 1860)--- ----Ss. 302/149, 148 & 382---Anti-Terrorism Act (XXVII of 1997), S.7--­Constitution of Pakistan (1973), Art.18 5(3)---Leave to appeal was granted by Supreme Court to accused to consider the question of jurisdiction of Special Court constituted under the Anti-Terrorism Act, 1997 to try the case and the points as to whether the principles of safe administration of justice in the criminal cases had been followed in the case while appraising the prosecution evidence as also to find out if the view which found favour with the High Court was in consonance with law as enunciated by Supreme Court in various cases from time to time. (b) Penal Code (XLV of 1860)--- ----Ss. 302/149, 148 & 382---Anti-Terrorism Act (XXVII of 1997), S.7--­Reappraisal of evidence---Principle---Basic principle of reappraisal of evidence in criminal cases is that if a witness is trustworthy and reliable then conviction can safely be based on his evidence---In case such witness is unreliable his evidence cannot be utilized for the passing of conviction against the accused---If, however, the witness has given partially reliable and partially unreliable evidence then applying the device of sifting the grain from chaff and seeking independent corroboration from other reliable evidence on material particulars, conviction can be based on it. (c) Criminal Procedure Code (V of 1898)--- ----S. 154---Police Rules, 1934, R. 24.5(c)---Registration of First Information Report in cognizable cases---Exercise of powers by police--­Scope---Principles---Delay in registration of F. I. R. ---Adverse effects section 154, Cr.P.C. lays down procedure for registration of an information in cognizable cases and it also indeed gives mandatory direction for registration of the case as per the procedure. Therefore, police enjoys no jurisdiction to cause delay in registration of the case and under the law is bound to act accordingly enabling the machinery of law to come into play as soon as it is possible and if first information report is registered without any delay it can help the investigating agency in completing the process of investigation expeditiously. Any slackness or…
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