Law: Criminal Procedure Code (V of 1898)

Section: 265C

Criminal Procedure Code (V of 1898)-----S. 265-C---Supply of statements and documents to the accused---Exclusion of evidence, not provided to accused---Scope---Accused moved an application under S. 265-C, Cr.P.C. for obtaining certified copies of hard disks secured by the police during investigation---Trial Court directed the prosecution to provide video film to the accused---Hard disks containing video were de-sealed in open court and were provided to a constable, stated to be an expert of hardware by the prosecution, but the constable showed his inability to make copies of the same, resultantly, the Trial Court excluded the disks from the evidence vide impugned order---Held; it was mandatory to supply copies of the hard disks to the accused under S. 265-C, Cr.P.C.---Modus operandi adopted by the Trial Court, whereby a constable, present in court was asked to prepare copy of the hard disks, was not proper rather unwarranted under the law---Trial Court must have sent the hard disks to an IT Department of the investigation agency for preparation of its copies---Revision petition was allowed and the impugned order was set aside. JUDGMENT MUHAMMAD WAHEED KHAN, J.---Through the instant petition in terms of sections 439, 435, Cr.P.C., the petitioner has called in question the vires of order dated 27.09.2021 passed by the learned Judge, Model Criminal Trial Court/ASJ, D.G. Khan, whereby hard disks, containing video of the occurrence, were ordered to be excluded from evidence. 2. I have heard learned counsel for the parties and have gone through the available record with their assistance and noted that the prosecution had submitted the challan in case FIR No.226/2020 dated 12.08.2020 registered under sections 302, 324, 34, P.P.C. with Police Station Kala, D.G. Khan, in which the petitioner (Javed Iqbal) was cited as one of the accused. Apart from other evidence, the case of the prosecution hinges upon the hard disks containing video of the occurrence. I have scanned the record with the assistance of learned counsel for the parties and noticed that the said hard disks were got secured by the police during the course of investigation and the same were sent for forensic…

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