Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------Ss. 169, 170 & 173---Discharge of accused by Trial Court on basis of report of Investigating Officer submitted under S. 169, Cr. P. C. ---Validity--Question of determination of guilt or innocence of accused squarely fell within jurisdiction of Trial Court---Where sufficient incriminating material connecting accused prima facie with commission of alleged offence had come on record, then Trial Court had no power to endorse opinion/view of Investigating Officer---Principles. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 169, 170 & 173---Opinion of Investigating Officer regarding medical evidence and firearm expert's report--Validity---Investigating Officer could not be considered such a skillful person to give his opinion on medical evidence---Questions as to whether medical evidence corroborated ocular version or not and what was evidentiary value of expert's report could be decided only by Trial Court having substantial bearing on merits of case. (c) Criminal trial--- ----Alibi, plea of-Proof-Such plea being a distinct plea would require to be substantiated by accused by adducing cogent and concrete evidence. (d) Criminal Procedure Code (V of 1898)--- ----Ss. 561-A, 169, 170 & 173---Constitution of Pakistan, Arts. 185(3) & 199---Constitutional petition before High Court---Police investigation in criminal offence, interference with---Order of High Court directing entrustment of case to an impartial Investigating Officer for conducting fair investigation---Plea of accused was that High Court could pass impugned order under S. 561-A, Cr. P. C. but not under Art.199 of the Constitution---Validity---High Court had no powers under S. 561-A, Cr. P. C. to interfere with police investigations in criminal offences---Supreme Court repelled such plea and upheld impugned order. Ghulam Muhammad v. Muzammal Khan PLD 1967 SC 317; Shashadhar Acharya v. Sir Charles Tegart AIR 1932 Cal. 229; Muhammad Hussain v. Inspector-General of Police PLD 1967 Lah. 1123; Shamsuddin v. Captain Gauhar Ayyub PLD 1965 SC 496; Crown v. Muhammad Sadiq Niaz PLD 1949 Lah. 562; Emperor v. Kh. Nazir Ahmad AIR 1945 PC 18; State of West…

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