LAIQ ZADA vs State S — 2022 PCrLJ 901 PESHAWAR-HIGH-COURT

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LAIQ ZADA VS State S. 302(b)---Criminal Procedure Code (V of 1898), S. 512---Qatl-i-amd---Appreciation of evidence---Recording of statement in absence of accused---Scope---Accused was charged for committing murder of his wife/daughter of complainant by firing due to unknown motive---Record showed that the report of Medical Officer, who had examined the dead body of the deceased, was considered by the Trial Court only on the strength of her transposed statement recorded during proceedings under S. 512, Cr.P.C.---Medical Officer was not examined before the Trial Court---Medical Officer was alive and posted at a Hospital---No doubt, several summons were issued in the name of the Medical Officer, however, coercive measures for procuring her attendance were not adopted by the Trial Court---Statement of said Medical Officer was recorded during proceedings under S. 512, Cr.P.C. and was transposed to the present trial on the basis of an unjustified ground on record that she could not be traced---Such transposition would not be conclusive because the witness was alive, healthy and still serving at a Hospital---Perusal of record transpired that the Trial Court had not taken concrete steps for procuring attendance of the said prosecution witness---Essential precautions to be taken before allowing transposition of statement of a witness had not at all been taken into consideration by the Trial Court---Reading of her statement as evidence of the prosecution would definitely have the potential of causing prejudice to the case of the accused, in circumstances---Witness was admittedly alive and the only factor that she was posted at a Hospital was not a satisfactory excuse of the prosecution qua her not production before the Court---No substantial evidence was brought on record by the prosecution to prove that the transposed witness was living abroad or due to any other valid reason, she was unable to appear before the Trial Court during trial---Procuring attendance of the transposed witness was neither impossible, nor inconvenient for the prosecution---Case, in circumstances, was remanded to the Trial Court with the direction to pass an appropriate order regarding transposition of her statement recorded during proceedings under S. 512, Cr.P.C. Head NotesCase Description

LAIQ ZADA vs State S — 2022 PCrLJ 901 PESHAWAR-HIGH-COURT

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