Case Details

Citation(s)
2021 SLG 771 2021 SLD 771 2021 PCRLJ 504
Lahore High Court
Criminal Revision No. 72656 of 2019, decided on 21st January, 2020.
MUHAMMAD QASIM KHAN, JUSTICE, ASJAD, JAVAID GHURAL, JUSTICE
Navid Inayat Malik for Petitioner. Muhammad Siddique Zafar Qadri for
Respondent No. 2.

TAHIR ABBAS

VS

THE STATE AND 2 OTHERS

Law: Criminal Procedure Code (V of 1898)

Section: 161,162

Criminal Procedure Code (V of 1898)--- ----Ss. 161 162---Examination of witnesses by police---Statement to police not to be signed---Use of such statement in evidence---Exhibition of supplementary statement in evidence---Scope  assailed order passed by Trial Court whereby supplementary statement of complainant was allowed to be exhibited during his examination-in-chief---Validity---Station House Officer was bound to reduce into writing information regarding any cognizable offence rendered by the informer and there was no legal impediment for its exhibition during the trial---Once the crime report was lodged, any information gathered by the complainant at subsequent stage and placed before the Investigating Officer was treated as his statement under S. 161, Cr.P.C. which could be used by the defence for the purpose of contradiction as provided under S. 162, Cr.P.C.---Complainant was always at liberty to make statement before trial court regarding contents of such statement/application as well as his other statements recorded under S. 161, Cr.P.C. but there was no provision in the criminal law for independent exhibition of such statement---Trial Court had committed material illegality while passing the impugned order, which was set aside and the revision petition was allowed. Naseer Haider and another v. The State and 2 others 2008 YLR 1092; Muhammad Safdar and others v. The State and others 2016 PCr.LJ 220 and Yasir Imran alias Yasir Arafat v. Muhammad Ashraf and others 2014 MLD 337 ref. ORDER This revision petition has been directed against order dated 26.11.2019 passed by the learned Anti-Terrorism Court-III, Lahore whereby supplementary statement of the complainant was exhibited during his examination-in-chief as PW-1. 2. Succinctly, the facts of the case are that respondent No.2/complainant got lodged FIR No.240 dated 12.03.2019, in respect of offences under sections 363, 365-A, 302, 34, 201 and 436-B, P.P.C., registered at Police Station Hair, Lahore, against the petitioner and others regarding abduction for ransom, murder and burning the dead body of deceased Ali Hassan aged 11/12 years, a son of the complainant. During trial, the complainant was…
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