| Citation(s) |
|---|
| 2017 SLG 2665 2017 SLD 2665 = 2017 PCRLJ 854 |
Islamabad High Court
Criminal Appeals Nos. 119, 117 and 122 of 2016, decisionDated: 20-03-2017. hearing Dated: 08-03-2017.
MOHSIN AKHTAR KAYANI, JUSTICE
Petitioner(s) by: Sardar Latif Khan Khosa, Sardar Nasir Ahmad Saghir and Rai Mudassir Iqbal (in Criminal Appeal No. 119 of 2016). Qazi Misbah-ul-Hassan (in Criminal Appeals Nos.117 and 122 of 2016).
Respondent(s) by: Muhammad Azhar Ch., SPP for FIA and G
Criminal Appeals Nos. 119, 117 and 122 of 2016, decisionDated: 20-03-2017. hearing Dated: 08-03-2017.
MOHSIN AKHTAR KAYANI, JUSTICE
Petitioner(s) by: Sardar Latif Khan Khosa, Sardar Nasir Ahmad Saghir and Rai Mudassir Iqbal (in Criminal Appeal No. 119 of 2016). Qazi Misbah-ul-Hassan (in Criminal Appeals Nos.117 and 122 of 2016).
Respondent(s) by: Muhammad Azhar Ch., SPP for FIA and G
SYED HAMID SAEED KAZMI AND OTHERSVSTHE STATE
Law: Qanun-e-Shahadat (10 of 1984)
Section: 72,73,75,76,79,89(5)
Law: Pakistan Penal Code, 1860
Section: 409,420,468,471
Law: Prevention of Corruption Act, 1947
Section: 5(2)
Law: Criminal Procedure Code (V of 1898)
Section: 342
(a) Qanun-e-Shahadat (10 of 1984)-------Arts. 72, 73, 75 & 76---Document---Admissibility in evidence---Principle---Any document which is not original or primary, cannot be tendered in evidence---Contents of a document without author or witness cannot be proved as admissible---Inadmissible documents cannot be taken into consideration for any purposes if those documents do not qualify the test of primary as well as secondary evidence under Qanun-e-Shahadat, 1984.Nazeer Ahmad Barach v. The State and another 2005 PCr.LJ 882; Alam Zaib v. The State 1999 PCr.LJ 1955; Muhammad Arshad Naseem v. The State 2004 PCr.LJ 371 and The State v. Muhammad Kaleem Bhatti 2015 YLR 2214 rel.(b) Qanun-e-Shahadat (10 of 1984)-------Arts. 75, 76, 79 & 89 (5)---Criminal trial---Documentary evidence---Principles---Documents produced by prosecution during the course of trial in order to prove accusation cannot be admitted in evidence if original documents are not produced in evidence---No reliance for the purposes of conviction can be placed on photostat copies of documents, if the same are not admissible as not validly tendered in evidence---Documents whose contents have not been proved by way of its author, executors and witnesses of contents, as such the same are not admissible---Foreign documents without legal translation and attestation from High Commission, Embassy and Ministry of Foreign Affairs are not admissible.(c) Criminal Procedure Code (V of 1898)-------S. 342---Incriminating evidence---Documents not confronted to accused during statement under S. 342, Cr.P.C.---Effect---Such documents cannot be taken into consideration in trial while convicting accused persons.Qaddan and others v. The State 2017 SCMR 148 rel.(d) Penal Code (XLV of 1860)-------Ss. 409, 420, 468 & 471---Prevention of Corruption Act (II of 1947), S. 5(2)---Criminal breach of trust, cheating, forgery, illegal gratification and misuse of authority---Appreciation of evidence---Hajj Policy--- Mens rea---Kick backs, receiving of---Proof---Benefit of doubt---Five members of Parliament were deputed by Government to probe into allegations of corruption and misconduct while hiring 87 buildings in Saudia…