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MUHAMMAD ISRAR vs State arts — 2021 PLD 105 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PLD 105 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
PLD
Parties
MUHAMMAD ISRAR vs State arts
Subject matter
Criminal
Provisions referred to
S. 353---E; S. 2---R; Criminal Procedure Code (V of 1898); Electronic Transactions Ordinance (LI of 2002)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD ISRAR VS State arts. 2(e) & 164---Criminal Procedure Code (V of 1898), S. 353---Electronic Transactions Ordinance (LI of 2002), S. 2---Recording of evidence---Video-link---Scope---Courts are allowed to record evidence through video conferencing, but the witness while making statement on video link has to be kept under supervision of a Judicial or Executive Officer for the purpose of maintenance of court decorum and to supervise the conduct, demeanour and attitude of witness---Certainly, the person giving evidence on video link is to be governed by the same law as applicable to a witness physically appearing before the Trial Court for recording his/her testimony---In case of whatsapp call or any other independent mode of call, the witness may be considered present in the court, albeit without any strong supervision at the witness end, there will be always difficult and awkward situation for the Trial Court, particularly if witness commits contempt of court or perjures himself and it immediately notices that he has purges himself---Identification of witness and administering oath to the person to be examined on video link can be another state of inconvenience for the court and prosecution---To shun such contingencies, as a matter of prudence, the evidence of a person should be recorded in open court, if the witness is inside the country---Nevertheless, if a witness is unable to attend the Trial Court due to serious reasons, the prosecution is to submit an application at the earliest for examining of such witness through video link from the court of corresponding jurisdiction or Sessions Judge of the District or Tehsil where the witness resides or having temporary abode.

Other judgments reported in 2021 PLD

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