Law: Electronic Transactions Ordinance, 2002

Section: 2

Law: Criminal Procedure Code (V of 1898)

Section: 353

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

Section: 2(e),164

(a) Electronic Transactions Ordinance (LI of 2002)--- ----S. 2---Criminal Procedure Code (V of 1898), S. 353---Qanun-e-Shahadat (10 of 1984), Arts. 2(e) & 164---Recording of evidence--- Video-link--- Accused was aggrieved of order passed by Trial Court directing to record evidence of eye-witness residing abroad through video-link---Validity---Presence of accused in criminal trial was must for obvious reasons that plea of accused in shape of cross-examination of witness had to be recorded as was mandated by S. 353, Cr.P.C.---Ordinarily, under provisions of Criminal Procedure Code, 1898 evidence against accused was to be recorded in his presence, in open court and in presence of a judicial officer, so that a fair opportunity was to be provided to accused to cross-examine witness---High Court set aside order passed by Trial Court as same was contrary to law---Revision was allowed in circumstances. Mian Nawaz Sharif v. The State through Chairman NAB and another PLD 2018 Isl. 148 and Twentieth Century Fox Film v. Nri Film Production Associates AIR 2003 Kant 148, 2003 (5) KarLJ 98 distinguished. (b) Electronic Transactions Ordinance (LI of 2002)--- ----S. 2---Evidence through video-link---Scope---Recording of such evidence relates to documentary evidence and not oral. JUDGMENT MUSARRAT HILALI, JUSTICE:---.--- This revision petition is directed against the order dated 09.11.2018 passed by the learned Additional Sessions Judge-I, Mardan, whereby application of respondent/complainant for recording evidence of PW Ishtiaq through video link was accepted. 2. It is the petitioners' case that prosecution filed an application for recording evidence of PW namely, Ishtiaq through video link under Section 2 of Electronic Transactions Ordinance read with Article 2(e) of Qanun-e-Shahadat Order on the ground that the said witness is an eye-witness of the occurrence and his statement is necessary to be recorded in the present case. Record further reveals that the witness was abroad for earning his livelihood and had come to Pakistan for recording his statement but owing to strikes and also due to non-availability of defence counsel, his statement could not be recorded and he had…

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