Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S.540---Qanun-e-Shahadat (10 of 1984), Arts.72, 73, 74, 75 & 76---Penal Code (XLV of 1860), Ss.384 & 365-A---Anti-Terrorism Act (XXVII of 1997), S.7---Pakistan Arms Ordinance (XX of 1965), S.13---Extortion, kidnapping for ransom, act of terrorism, possessing unlicensed arm---Summoning of witnesses and original challan of cases---Carbon copies of recovery memos.---Exhibition in evidence---During recording of evidence, two applications, one for summoning two Police Officials as witnesses; and other for summoning of original challan of cases, were submitted by Public Prosecutor---Trial Court accepted application filed under S.540, Cr.P.C. for summoning of two Police Officials, but dismissed application, for summoning of original challans---After dismissal of application filed for summoning of original challans, Public Prosecutor tendered in evidence carbon copies of recovery memos, but request in that respect was turned down by the Trial Court---Validity---Carbon copies of the documents, if made by a uniform process in furtherance of performing official duty, was admissible in evidence, being primary evidence---Trial Court should have accepted the carbon copies of the recovery memos in evidence as primary evidence---If there was some irregularity or same were blotched, as a matter of abundant caution, the Trial Court could have requisitioned the record of challans in which original, were available--- Refusal of Trial Court to accept carbon copies in evidence, had caused serious prejudice to the prosecution, who had all the right to prove its case---Findings of the Trial Court were not sustainable---Impugned order was set aside, and the prosecution was allowed to tender in evidence carbon copies of the recovery memos; and the Trial Court would exhibit the same after comparison with the original. Muhammad Yasir v. The State PLD 2008 Lah. 523; Prithi Chand v. State of Himachal Pradesh 1990 MLD 1389 and Shera and 4 others v. The State PLD 1970 Lah. 735 ref. ORDER During recording of evidence in trial of case FIR No.154 of 2013 registered under sections 384, 365-A, Pakistan Penal Code, 1860 read with section 7 of The…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492