Law: Pakistan Penal Code, 1860

Section: 302

Law: Constitution of Pakistan, 1973

Section: 10A

Law: Criminal Procedure Code (V of 1898)

Section: 265F

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

Section: 133,140

(a) Penal Code (XLV of 1860)--- ----S.302---Qanun-e-Shahadat (10 of 1984), Arts. 133 & 140---Murder trial---Previous statement, confronting with---Accused during cross-examination of prosecution witness wanted to confront him with report made by him at police station but Trial Court disallowed such question---Validity---As the report was lodged by that prosecution witness, therefore, he was the relevant person from whom question pertaining to that report could be asked during cross examination, being the person who lodged report in question---Contents of report in question fell within the ambit of "previous statement" as mentioned in Art. 140 of Qanun-e-Shahadat, 1984, and as it was official register and entries therein were made in discharge of official duties, which if relevant concerning a fact in issue, could be used and brought on record under Art. 140 of Qanun-e-Shahadat, 1984---Trial Court erroneously disallowed question by accused regarding filing of report in police station---Revision was allowed accordingly. Dr. Iftikharul Haq v. The State and others 1990 PCr.LJ 1677 and Syed Qamar Ahmad and another v. Anjum Zafar and others 1994 SCMR 65 rel. (b) Criminal trial--- ----Evidence--- Defence evidence---Affidavits in police file---Principle---Mere transfer of such affidavits from police files to judicial record would have not served any useful purpose---If any deponent of such affidavit was produced as defence witness, the affidavit sworn by that person would be detached from police file and placed on judicial file, if such deponent had owned and proved such affidavits. (c) Penal Code (XLV of 1860)--- ----S.302---Constitution of Pakistan, Art.10-A---Criminal Procedure Code (V of 1898), Ss.265-F---Murder trial---"Fair trial" and "due process of law"---Summoning of material witness---During trial accused wanted to summon record keeper of Excise and Taxation Office to prove ownership of motorcycle recovered during investigation---Trial Court refused to summon record keeper on the ground that it was an attempt to delay the trial---Validity---Record keeper could not have been refused to be summoned by holding that application was made to cause delay in…

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