Law: Qanun-e-Shahadat (10 of 1984)

Section: 78

Law: Pakistan Penal Code, 1860

Section: 302,324,148,149,109

Qanun-e-Shahadat (10 of 1984)--- ----Art. 78---Penal Code (XLV of 1860), Ss.302, 324, 148, 149 & 109---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, common object, abetment---Recording of secondary evidence---Petitioner had challenged order of the Trial Court whereby Head Constable was called for recording his statement as secondary evidence---During trial of the case, it was revealed that Investigating Officer in the case was found accused in other criminal case registered against him under S.302, P.P.C. and he was not available to record his statement---Trial Court on the basis of application moved by the complainant, directed Head Constable, who remained associated with said Investigating Officer, and was acquainted with handwriting and signature of Investigating Officer, to be summoned to give secondary evidence---Contention of counsel for the petitioner was that no provision existed in law for calling and examining a person for secondary evidence---Contention was repelled as Art.78 of Qanun-e-Shahadat, 1984, dealt with that procedure---Said Head Constable, who remained posted with Investigating Officer, being acquainted with handwriting and signatures of Investigating Officer, was very much relevant to adduce secondary evidence about the proceedings---If the Head Constable, had already been recorded as a prosecution witness, there was no bar for his appearing again in the court for recording secondary evidence. ORDER MUHAMMAD TARIQ ABBASI, J.---Through the instant petition, order dated 6-2-2014 passed by learned Addl. Sessions Judge, Vehari, has been challenged, whereby Muhammad Afzal, Head Constable, has been called for recording his statement as secondary evidence. 2. The learned counsel for the petitioner has argued that as there is no provision in the law, to call a person to adduce secondary evidence, hence the impugned order is not sustainable in the eye of law and that when the above-named Head Constable has already been examined as P.W.5, no need of his re-examination as directed in the impugned order. 3. The learned DPG has opposed the petition. 4. Arguments heard and record perused. 5. The record shows that during the trial before 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