MUHAMMAD YOUNUS ARAIN vs State S — 2022 PLD 222 KARACHI-HIGH-COURT-SINDH

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

MUHAMMAD YOUNUS ARAIN VS State S. 17---Qanun-e-Shahadat (10 of 1984), Arts. 78, 85,91 & 134---Criminal Procedure Code (V of 1898), Ss. 94, 340 & 540---Documentary evidence---Public document---Presumption---Photostat copies of document seized during investigation---Evidence in criminal and civil proceedings---Distinction---Petitioners facing trial objected to production of photostat copies of documents tendered in evidence by prosecution---Validity---Public document is presumed to be genuine and its attested or certified copy is relevant and admissible in evidence unless contrary is proved rebutting such presumption completely---No requirement of law exists to examine author or attesting witness to prove existence of a public document---Prosecution was not obliged to examine any such person in proof of an official document---Document in investigation is collected/obtained under a seizure memo and provision of S.94, Cr.P.C. is relevant in such respect, which empowers investigating officer to seize or collect a document required for investigation purpose---Document purporting to be record of memorandum of evidence can be produced under Art. 91 of Qanun-e-Shahadat, 1984, in Court by a witness and the same has a presumption of genuineness attached to it---To appreciate a document in a criminal case as an admissible piece of evidence could not be identified with regime applied to a document for such purpose in civil case in respect of a private document---Claim of a party in civil proceedings was decided on preponderance of probability and all that was necessary in a civil case was to show that proof adduced in support of a fact was such that it could make a prudent mind act upon it---In criminal case, prosecution had to prove guilt of an accused beyond a reasonable doubt, and his conviction could be recorded by Court only when it was satisfied that possibility of his innocence, on the basis of evidence adduced against him was completely ruled out---High Court declined to interfere in production of photostat copies of record during trial---Constitutional petition was dismissed, in circumstances.

MUHAMMAD YOUNUS ARAIN vs State S — 2022 PLD 222 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2022 PLD