| Citation(s) |
|---|
| 2004 SLG 2951 2004 SLD 2951 2004 PCRLJ 1651 |
Federal Shariat Court
Crl. Rev. No. 110/L of 2003, decided on 8th December, 2003. Date of hearing; 8th December, 2003.
SAEED-UR-REHMAN FARRUKH, JUSTICE
Ch. Muhammad Anwar-ul-Haq for Petitioner Muhammad Younas Rana for the State. Tanvir Iqbal Sand for the Complainant.
Crl. Rev. No. 110/L of 2003, decided on 8th December, 2003. Date of hearing; 8th December, 2003.
SAEED-UR-REHMAN FARRUKH, JUSTICE
Ch. Muhammad Anwar-ul-Haq for Petitioner Muhammad Younas Rana for the State. Tanvir Iqbal Sand for the Complainant.
MUHAMMAD TARIQ ER
VS
THE STATE AND ANOTHER --RespondentS
Law: Penal Code (XLV of 1860)
Section: 377
Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979
Section: 12
Law: Qanun-e-Shahadat (10 of 1984)
Section: 73
Law: Constitution of Pakistan, 1973
Section: 203-DD
Penal Code (XLV of 1860)--- ----S. 377---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.12 Qanun-e-Shahadat (10 of 1984), Art.73---Constitution of Pakistan (1973), Art.203.DD---Appreciation of evidence---Application for summoning of carbon copy of report of Chemical Examiner---While trial of case was underway, it was found that report of Chemical Examiner-allegedly sent to police, was not available on record--¬Application moved by accused for summoning carbon copy of said report having been rejected by Trial Court, accused had filed revision against rejection of his application---Cause of justice could not be permitted to be scarified at the alter of technicalities---Anal swabs of alleged victim were sent to Chemical Examiner for report which report was prepared by him, but same appeared to have been lost---Said report was likely to have important bearing on outcome of the case---Prosecution was duty bound to tender same in the Court during the trial and question whether original report reached the Investigating Officer or was misplaced by police while preparing the final challan report was inconsequential---Prosecution in all fairness should not have opposed prayer of accused to bring on record certified copy of the report of Chemical Examiner---Court was to ensure that all the relevant evidence/material was brought on record before adjudicating upon the case---Photostat copy of original report of Chemical Examiner fell under the purview of Art. 73 of Qanun-e-¬Shahadat, 1984 and since the original was proved to be lost, it was only just and fair that same was ordered to be placed on record arid duly exhibited---Trial Court had failed to notice settled principle that no one could be permitted to put premium on its own lapse--While rejecting application of accused for summoning carbon copy of report of Chemical Examiner, it was not ensured that no prejudice would be caused to accused due to future of prosecution to produce that material piece of evidence on, record--- Federal Shariat Court accepting revision set aside order of Trial Court with the direction to summon concerned officer from the office of Chemical Examiner and ensure that…
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