Law:

Section:

(a) Criminal Procedure Code (V of 1898)- -- S. 537-Irregularity-Criminal trial-Sessions Judge .discussing defence evidence first and then considering prosecution evidence- Sessions Judge deviated from procedure normally followed by Courts while deciding criminal cases-Deviation, however, neither adversely affecting accused, appellant nor accused prejudiced in any manner and thus a mere irregularity curable under S. 537, Criminal Procedure Code; 1898-Accused relying on certain news items appearing in newspapers after occurrence to show occurrence having not been witnessed by any one-Sessions Judge in circumstances rightly considered it expedient to discuss defence evidence first-Accused, held, not prejudiced due to consideration of defence evidence, first because ocular evidence not accepted by Court on account of rejection of defence evidence and prosecution evidence evaluated independently of conclusion arrived at with regard to defence evidence. Zafarul Haq v. The State P L D-1968 Lah. 437 and Islam-al-Haq v. The State 1974 P Cr. L J 6 ref. (b) Evidence Act (I of 1872)- Ss. 3 & 9-Newspaper reports-Evidentiary value of-Newspaper reports May be admissible in evidence when testimony of an eye­witness not readily available-Eye-witnesses available and deposing as to how occurrence took place-No reliance held, can be placed on news items- published in newspapers in circumstances particularly when source of information, forming basis of such news not known or disclosed-Presence of eye-witnesses, held further, cannot be doubted merely because of such news items.-[Evidence]. Islamic Republic of Pakistan v. Abdul Wali Khan P L D 1936. S C 57 ref: (c) Criminal trial- -- Witness, interested-Person having a motive to falsely implicate an accused-An interested witness-Mere fact of witness being related to deceased-Does not make him an interested witness nor sufficient ground for discarding his evidence.-[Witness-Evidence]. Mangio v. The State 1976 P Cr. L J 243 ; Wasihullah v. Mirza Ali P L D 1963 S C 25 and Laskari v. The State P .L D 1981 Kar. 1 distinguished. Shamsher etc. v. The State 1973 S C M R 69 and Mushtaq Ahmad v. Siddique Ullah P L D 1975 S C 61 rel. (d)…

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