Law:

Section:

(a) Criminal Procedure Code (V of 1898)----S.154---Provisions of S.154, Cr. P.C. mandatorily bind the police officer to register F.I.R. of a cognizable offence. (b) Criminal Procedure Code (V of 1898)--S.173---Report of police officer under S.173, Cr. P.C. is merely an information of the police officer and the same is not admissible in evidence--­Presumption of innocence of accused involved in such report is not diminished by mere fact that the case has been sent up for trial or that particular witness or person had formed opinion against the accused. Raja Muhammad Afzal v. Ch. Muhammad Altaf Hussain and others 1986 SCMR 1736 ref. (c) Criminal Procedure Code (V of 1898)--- ----S.164---Complainant normally is not examined under S.164, Cr. P.C. and. only other witnesses are examined there under---However, if need be further statement of the complainant can be recorded. (d) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S.10(3)---Qanun-e-Shahadat.(10 of 1984), Art.71---Evidence of prosecution witness as to what happened at the time of rape or before was hearsay and was not admissible in evidence under Art. 71 of Qanun-e-Shahadat, 1984 and was rejected on the ground that his claim of being apprised by other witnesses was not confirmed by those witnesses in their earlier statements. Khurshid Ahmad v. Qabool Ahmad PLD 1964 SC 356 ref. (e) Criminal Procedure Code (V of 1898)-- ----Ss.173 & 537---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10(3)--- Non-compliance of S.173, Cr. P.C. in respect of shutting out evidence of first F.I.R. had amounted to an illegality causing prejudice to the defence and vitiating the trial not curable under S.537, Cr. P.C. Yousuf v. State PLD 1988 Kar- 521 and Kaura v. The State and others 1983 SCMR 436 ref. (f) Offence of Zina (Enforcement of Hudood) Ordinance (VII of Evidence 1979)--- ----S.1Q(3)-----Statements of witnesses in the Court in which improvements are made to strengthen the prosecution case are not worthy of reliance. Amir Zaman v. Mehboob and others 1985 SCMR 685; Haji Bakhsh v. The State PLD 1963 Kar. 805; Qaim Din and others v. The State 1971 PCr.IJ 229 and Fazla and another…

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