| Citation(s) |
|---|
| 1995 SLG 998 1995 SLD 998 1995 PLD 632 |
Lahore High Court
Criminal Revision No. 171 of 1995, decided on 20th September, 1995. DATE of hearing: 11th June, 1995
ARIF IQBAL HUSSAIN BHATTI,
S.M. Rashid for Petitioner. Malik Muhammad Aslam for the State
Criminal Revision No. 171 of 1995, decided on 20th September, 1995. DATE of hearing: 11th June, 1995
ARIF IQBAL HUSSAIN BHATTI,
S.M. Rashid for Petitioner. Malik Muhammad Aslam for the State
Before Arif Iqbal Hussain Bhatti, MUHAMMAD ASLAM
VS
THE STATE
Law:
Section:
(a) Criminal Procedure Code (V of 1898)-- - ----S. 265-C---Supply of statements to the accused---Accused are entitled to. receive the copies of the statements of all witnesses whether supporting prosecution version or defence plea or whether named in challan or not, provided such statements were recorded by police under Ss.161, 164 & 172, Cr.P.C. ,.' 1980 PCr.LJ 5 ref. (b) Criminal Procedure Code (V of 1898)--- ---S. 265-C(1)(c)--Word "witnesses" in cl. (c) of subsection (1) of S.265-C, Cr.P.C. is used in its normal and general sense meaning the persons who have knowledge of all facts relevant to the case and whose depositions were recorded by the police during investigation.--[Words and phrases] PLD 1966 BJ 30; 1972 PCr.LJ 646; PLD 1978 Lah. 523; 1980 PCr.LJ 338; 1986 PCr.LJ 3025; 1992 PCr.LJ 2320; PLD 1979 SC 53 and 1985 SCMR 1442 ref. (c) Criminal Procedure Code (V of 1898) ----S. 265-C---Supply of statements of accused recorded in police diary--Statements of accused recorded in the police diary containing a detailed narrative of events touching the case are the statements falling under S.161, Cr.P.C. and the same ought to have been supplied to the accused under S.265-C, Cr.P.C. (d) Criminal Procedure Code (V of 1898)-- ----Ss. 265-C & 439---Penal Code (XLV of 1860), S.302/34---Supply of statements of accused---Statements of five persons, copies of which were refused to be supplied to the accused by the Trial Court, were recorded in the police diary and contained details of the facts showing innocence of three coaccused---Additionally accused was presumed to be innocent unless proved otherwise and he enjoyed fundamental rights under the Constitution to an equal treatment and protection of law---Accused was, therefore; entitled to be provided with all the material collected against him or in his favour during investigation by the Investigating Officer before commencement of the trial, subject of course to the exceptions created under S.162 Cr.P.C: --Trial Court was consequently directed to supply to the accused the copies of the statements of the witnesses applied for. 1976 SCMR 506; 1986 PCr.LJ 1252; PLD 1966 BJ 30; 1972 PCr.LJ 646; PI .D 1978 Lah.…
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