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

Section: 46,47,71

Law: Criminal Procedure Code (V of 1898)

Section: 94,342,512

Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Arts. 46 47--Relevancy of certain evidence for proving proceeding, the truth of facts stated--It requires that previous statements under Article 46 47 would first be proved and then its corroboration and contradiction would be taken up--In this case, first matter for consideration is how to prove such previous statement--Trial Court has invented to transpose the copies of previous statements into this trial from its own record, Which practice is not warranted. To track the correct position, it is observed that practice adopted by trial Court in this case is permissible only in civil cases or it has some room in criminal trial as well. Unlike code of Civil Procedure, 1908, there is no specific provision in Cr.P.C which deals with transposition of statements in subsequent trial; nor any provision exist relating to calling for record of any criminal Court for the purpose of inspection and using it as evidence.[P. 782] A Criminal Procedure Code, 1898 (V of 1898)-- ----S. 94--Summons to produce documents or other thing--Criminal trial--Provision of CPC cannot be stretched for inspection of Court record by a criminal Court in a criminal trial--Though Section 94 of Cr.P.C and Article 158 161 give power to the criminal Court to call for any document yet it does not include Court record; even then those section simply authorize to calling of document; as per provisions of Article 158 161, parties are not exempted from producing the primary evidence of such document or the secondary. [P. 783] B Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 71--Principle of evidence--Hearsay evidence-- Another procedure which the prosecution could resort to is highlighted in proviso to Article 71 of Qanun-e-Shahadat Order, 1984 known as “Shahada ala al-Shahadah” which runs as under: Provided further that, if a witness is dead, or cannot be found or has become incapable of giving evidence, or his attendance cannot be procured without an amount of delay or expense which under the circumstances of the case the Court regards as unreasonable, a party shall have the right to produce, “shahada ala al-shahadah” by which a witness can appoint…

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