Reconstruction of Record

2008 PCrLJ 1084 SHARIAT-COURT-AZAD-KASHMIR Judicial Precedent

Ss. 302, 324, 337, 147, 148 & 149Appreciation of evidenceReconstruction of record

When case was at the stage of final arguments, record pertaining to whole case was 'destroyed due to disaster of earthquake

Trial Court started reconstruction of record after summoning opposite party

Verified copies of the record along with available record was presented for reconstruction of the same

Counsel for petitioners/accused sought adjournment for producing the record in their possession, but despite granting them three adjournments, they failed to produce the same

Permission from Shariat Court was also obtained for reconstruction of record

Petitioners/accused's objection was that record collected and made part of reconstruction being the photocopies, same was not admissible in evidence; and that reconstruction of the record could be initiated from the date of permission of Shariat Court

No objection was ever raised by petitioners/accused with regard to photocopies before the Trial Court

Participation of the petitioners/accused in the whole proceedings before the Trial Court would bar them to raise such objection at later stage

Objection of petitioners was repelled

Petitioners, were free to produce concerned documents, if any, in their possession

Petitioners having participated in the proceedings of the case, could not back out from their participation and claim to restart proceedings afresh.

1960 PLD 1010 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Reconstruction of Record -Duty of Court-Reconstruction of lost record on party's application.