ABDUL WAHID vs State S — 2022 SCMR 1954 SUPREME-COURT

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ABDUL WAHID VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 324 & 109---Constitution of Pakistan, Art. 185(3)---Murderous assault---Bail, grant of---Further inquiry---Accused was not nominated in the crime report---Even the complainant while lodging the FIR had not given the description of the assailant regarding his body structure, age, height and other antecedents etc.---However, after the lapse of about one month, the complainant preferred to make statement under section 164, Cr.P.C. wherein the accused was cited as the assailant, without disclosing the source of information---No recovery had been affected from the accused rather the six empties collected from the place of occurrence were found fired from different weapons, which reflected that the occurrence had been committed by more than one person---So far as the interview of the accused wherein he allegedly confessed his guilt was concerned, the same prima facie had no evidentiary value as neither the maker of the video had been cited as a witness in the calendar of witnesses nor the forensic test of the said video had been conducted---Bulk of the evidence was still to be recorded by the Trial Court---Accused was behind bars for the last more than eight months---Case of the accused squarely fell within the ambit of section 497(2), Cr.P.C. entitling for further inquiry into his guilt---Petition for leave to appeal was converted into appeal and allowed, and accused was admitted to bail. Head NotesCase Description Citation Name: 2022 SCMR 1954 SUPREME-COURTBookmark this Case ABDUL WAHID VS State S. 302---Qatl-i-amd---Confessional video of accused---Evidentiary value---Such kind of alleged confessionary video is not beneficial to the complainant/prosecution unless it is properly produced before the court of law, its genuineness is established and then the same is proved in accordance with law for it to be treated as evidence in the case---With the advancement of science and technology, it is now possible to get a forensic examination, audit or test conducted through an appropriate laboratory so as to ascertain as to whether an audio tape or a video is genuine or not. Head NotesCase Description

ABDUL WAHID vs State S — 2022 SCMR 1954 SUPREME-COURT

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