Case Details

Citation(s)
1974 SLG 3077 = 1974 SLD 3077 = 1974 PCRLJ 537
Lahore High Court
Criminal Appeal No. 192 of 1967, decided on 26th June 1974.
Presented By: Gulbaz Khan, J
F. E. Jafary for Appellant. Ch. Mohammad Awan for A. G. (Punjab) for the State.

KALA--Appellant                        

VERSUS

                        THE STATE-Respondent

Law: Criminal Procedure Code (V of 1898)

Section: 154

Law: Evidence Act (I of 1872)

Section: 137

      (a) Criminal Procedure Code (V of 1860) S. 154 -First Information Report--Prosecution duty bound to produce original ruqqa forming basis of F. I. R.--Non-production of such ruqqa, however, not vitiative of trial-First Information Report not proved in accordance, with law Trial, nevertheless, not vitiated. Rehman and others v. The Mate P L D 1968 Lah. 464 eel. (b) Criminal Procedure Code (V of 1898)  S. 154-First Information Report-No substantive evidence--Can be used only for corroborating informant's statement or for purposes of contradicting. (c) Criminal trial Once provisions of criminal statute contravened, trial to continue even if statute subsequently withdrawn. (d) Criminal trial Accused apprehended at spot by officers of Rangers and twelve tins of menthol recovered-Such officers disinterested and having no grudge or grouse against accused-Statements of such witnesses not seriously challenged in cross-examination-No independent corroboration required in circumstances-Accused, held, rightly convicted. (e) Evidence Act (1 of 1872) S. 137--Cross-examination-Accused not cross-examining prosecu tion witness-Deemed to have accepted his evidence. (f) Criminal trial  Defence witnesses not named in statement of accused and introduced at late stage of case-Accused also not mentioning defence story developed later in his statement-Defence witnesses also contradicting each other-No reliance, held, can be placed on statements of such witnesses. (g) Martial Law Regulation [C. M. L. A.'s]  No. 27-Smuggling, prohibition of-Sentence-Maximum penalty for breach of regulation being death, sentence of one year, held, very lenient-Accused guilty of smuggling out 12 tins of menthol-Deserved no leniency-Nor can sentence be reduced for accused having faced trial for 5 years and his appeal having pended for 7 years. Date of hearing: 26th June 1974.                                                                                    …
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