Case Details

Citation(s)
1994 SLG 1089 1994 SLD 1089 1994 CLC 1697
Peshawar High Court
Civil Revision No. 222 of 1993, decision dated: 4-04-1994
ABDUL KARIM KHAN KUNDI, CJ:

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HAQ NAWAZ-

VS

GHULAM SHABIR

Law:

Section:

Qanun-e-Shahadat (10 of 1984)-------Arts. 59 & 61---Criminal Procedure Code (V of 1898), S. 510---Report of Finger Print Expert---Non-calling of finger print expert in evidence to prove his report---Effect---Held, though under S. 510 of Criminal Procedure Code, 1898 report of Finger Print Expert could be received in evidence without calling for expert as a witness, but in absence of such corresponding provisions in Civil Procedure Code or Qanun-e-Shahadat, opinion- of expert would not be ipso facto admissible to be accepted in evidence without calling for expert as witness---Court, therefore, was not required to confirm expert's report on pattern of a Commission report.---[Witness]. Muhammad Khan Khakwani for Petitioner. Respondent in person. Date of hearing: 4th April, 1994, JUDGMENT This revision petition is directed as against the judgment and order of the Court of, Civil Judge, D.I Khan dated 15-5-1993 vide he confirmed the Finger Print Expert's report and since parties had already closed their evidence he, therefore, proceeded to fix the case for arguments. He has earlier called for objections from the parties over the Finger Print Expert's report that the defendant did not file any objection and the plaintiff intended to file objections but he failed to file his objections on some 2/3 occasions. 2. Now the Finger Print Expert's report is an opinion of an expert as to the identity of finger impressions which has been acknowledged as a relevant fact under Article 59 of the Oanun-e-Shahadat, 1984. There was not to be…
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