2008 PLP 1442 (MLD)
UMAIR ASHRAF — Applicant Versus THE STATE — Respondent
| Citation | 2008 PLP 1442 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | UMAIR ASHRAF — Applicant Versus THE STATE — Respondent |
| Primary Law | Qanun-e-Shahadat (10 of 1984) |
Q1: What are the key laws and sections cited in 2008 PLP 1442 (MLD)?
This judgment primarily cites: Qanun-e-Shahadat (10 of 1984) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 1442 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 1442 (MLD) (UMAIR ASHRAF — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- 2. This criminal revision application has been filed against the order passed by the IVth Additional District and Sessions Judge South that on 2-4-2008 and after hearing DDPP for the State, advocate for the complainant and defence advocate allowed for playing CD under Article 164 of'Qanun-e-Shahadat Order, 1984.
Headnotes / Summary
Art. 164
Production of CD as evidence
Applicant in a miscellaneous application had contended that the CD allowed to be produced in evidence consisted of confession of accused before the police and had no evidentiary value
Such contention could be raised at the time of arguments
Evidence which had been collected by the prosecution through modern device, could not be disallowed.
Judgment & Decree
DR. QAMMARUDDIN BOHRA, J.
(1) Granted.
2. This criminal revision application has been filed against the order passed by the IVth Additional District and Sessions Judge South that on 2-4-2008 and after hearing DDPP for the State, advocate for the complainant and defence advocate allowed for playing CD under Article 164 of'Qanun-e-Shahadat Order, 1984. Learned counsel for the applicant argued that the CD consisting the confession of the accused and the said CD is not provided to the accused nor it appears in the charge sheet and the same consisting upon confession of the accused before the police. Learned counsel further contended that the confession before the police has no value in the eye-of-law as such CD cannot be played. State counsel opposes the contention and she stated that under Article 164 of Qanun-e-Shahadat Order, 1984 production of evidence that has become available because of modern device then the Court may allow to be produced such device. The contention of the learned counsel for the applicant is that the CD which has been allowed to be produced in evidence is consisting of confession of the accused before the police has no evidentiary value. This contention can be raised at the time of arguments but at the moment evidence which has been collected by the prosecution by way of modern device cannot be disallowed. Article 164 of Qanun-e-Shahadat Order, 1984 reads as under:-
164. Production of evidence that has become available because of modern devices, etc.-- In such cases as the Court may consider appropriate, the Court may allow to be produced any evidence that may have become available because of modern devices or techniques. In light of the above there is no substance in the contentions of the learned counsel for the applicant as such criminal revision stands dismissed. H.B.T./U-5/K` Revision dismissed.