| Case ID |
1631329c-6ad2-4faa-89e8-82c9af773e41 |
| Body |
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| Case Number |
Criminal Revision No. 20 of 2021 |
| Decision Date |
May 24, 2021 |
| Hearing Date |
May 19, 2021 |
| Decision |
The court dismissed the petition filed by Muhammad Anwar, affirming the validity of the Trial Court's decision to allow the transposition of a deceased witness's statement. The court held that as per Section 512 of the Criminal Procedure Code, the evidence of a witness recorded in the absence of the accused could be admitted if the witness was no longer alive or incapable of giving evidence. The petitioner's argument that the statement should have been recorded in the presence of the accused was rejected, with the court emphasizing the need to preserve evidence in circumstances where witnesses could not be produced. The decision underscores the importance of ensuring that justice is served even in the absence of certain witnesses, thereby maintaining the integrity of the judicial process. |
| Summary |
This case revolves around a criminal revision involving the transposition of a witness's statement due to the witness's death. It highlights significant legal principles related to the admissibility of evidence and the rights of the accused. The Balochistan High Court examined the provisions of the Penal Code, Criminal Procedure Code, and Qanun-e-Shahadat to determine the validity of the Trial Court's decision. The court's ruling is crucial for understanding how evidence is treated in cases where key witnesses are unavailable, maintaining the balance between procedural fairness and the need for effective legal proceedings. Key terms include 'criminal procedure,' 'evidence admissibility,' and 'witness statements,' which are vital for legal practitioners and scholars interested in the nuances of criminal law in Pakistan. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMEED BALOCH, J
|
| Lawyers |
Not available
|
| Petitioners |
MUHAMMAD ANWAR
|
| Respondents |
The STATE
|
| Citations |
2023 SLD 474,
2023 PCRLJ 285
|
| Other Citations |
Muhammad Saddique v. State 2018 SCMR 71
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
302,
147,
148,
149,
512,
47
|