Reliance of court on police diary
Reliance of court on police diary legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Acquittal or conviction cannot be based on police diary but it depends upon the outcome of the trial on merits.
Police diary cannot be used either as substantive or corroborative evidence nor can a court look into it and take the facts and statements written therein as material which would help it to come to a finding on the evidence in the case
Police diaries being evidentially inadmissible in evidence are merely perused by the courts for their moral satisfaction.
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Precedents & Case Laws citing "Reliance of court on police diary"
P L D 2012 Sindh 313
AKHTAR PERVAIZ QURESHI — Applicant Versus THE STATE — Respondent
Court: High Court2018 P Cr
KALIMULLAH — Petitioner Versus The STATE and another — Respondents
Court: Peshawar (Bannu Bench)2022 M L D 523
TAHIR ZAHOOR AHMAD and others — Petitioners Versus The STATE and others — Respondents
Court: Islamabad1984 P Cr
ALLAH YAR — Appellant Versus THE STATE — Respondent
Court: LahoreP L D 2014 Federal Shariat Court 15
FAZAL-UR-REHMAN RANA — Petitioner Versus FEDERATION OF ISLAMIC REPUBLIC OF PAKISTAN through Secretary, Ministry of Law and Parliamentary Affairs, Islamabad — Respondent
Court: High Court2005 M L D 1267
NOORUDDIN and another — Applicants Versus THE STATE — Respondent
Court: KarachiP L D 2018 Peshawar 157
KALIMULLAH — Petitioner Versus The STATE and another — Respondents
Court: High Court1990 P Cr
Dr. IFTIKHARUL HAQ‑‑‑Petitioner Versus THE STATE and others‑‑‑Respondents
Court: Peshawar1977 S C M R 129
MUSHTAQ AHMAD AND ANOTHER — Appellants Versus THE STATE‑Respondent
Court: --‑‑ Ss. 302, 366 & 376 read with S. 34‑Abduction‑Rape‑Murder‑Material prosecution witnesses won over during trial but accused convicted on dying declaration of deceased‑Contention that dying declaration not having been recorded by a Magistrate or some responsible officer, although available and doctor not having said in so many words that dying statement was recorded in his presence or that he signed it, same was not reliable so as to be acted upon‑Deceased woman, victim of rape, having been brought to Civil Hospital at 11 a.m., doctor due to her condition being very critical at once writing to local police station, police officer arriving, recording her statement by 11‑20 a.m. and sending statement by 11‑30 a.m. to police Station concerned for registration of case‑Five documents including dying statement on record bearing signatures of Doctor witness and all signatures in same ink‑Mere omission on part of Public Prosecutor or Inquiry Magistrate to ask Doctor whether he was present when dying statement, was recorded and whether he signed it, held, would not in circumstances detract from fact of his presence at time of recording of dying statement and of his having told police reading fitness of victim to make a conscious statement No evidence of dying declarant having been tutored by her relatives to falsely implicate appellants‑Prosecution witnesses disinterested and bearing no grudge against appellants Statement also recorded in operation theatre of Hospital excluding all possibility of any outsider‑Dying declaration further corroborated by finger nail injuries given to accused by victim of rape on cheeks and neck--‑Eye‑witnesses and witnesses of recovery having been won over, reliance could be placed on statement of investigating officer and omission in daily diary of receipt of sealed parcels of such articles of no avail since such facts have to be noted in Register malkhana and not in daily diaries‑Dying declaration, held, corroborated by recoveries of incriminating articles and accused rightly convicted. Dying declaration‑Evidence.2003 P Cr
WAZIR‑‑‑Applicant Versus THE STATE‑‑‑Respondent
Court: Karachi