Abdul Basit vs State Ss — 2025 PCrLJ 589 LAHORE-HIGH-COURT-LAHORE

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Abdul Basit VS State Ss. 365-B & 376---Qanun-e-Shahadat (10 of 1984), Arts. 71 & 139---Abducting or inducing woman to compel for marriage, rape---Appreciation of evidence---Nude pictures---Legal requirements for using such pictures as evidence for convicting accused---Accused was charged that he along with his co-accused kidnapped the complainant and raped her, and accused also prepared her nude pictures for blackmailing---Audio/video clip including snaps/ photographs as evidence maintained a dual character in the law of evidence; it is termed as document as well as a material thing (physical evidence), also known as real evidence---Snaps/ photographs do carry information that includes expression, gestures, voice and video, therefore, such clips/snaps are sought to be produced before the Court to prove the 'information' contained in it as evidence of facts recorded therein and oral account of which is to be spoken by a witness and not by the document alone---While as material thing it is to be produced for the inspection of Court---Principles of evidence relating to admissibility of documents are fully applicable on such type of evidence---Permission and sanction of law to bring on record evidence if it is in the form of document is regulated under Art.139 of Qanun-e-Shahadat, 1984---Said Article in the light of illustration therein authorizes the Court to ask, when any witness is making statement about a fact, to support his contention with any document if such fact is incorporated therein---Room for such discretion of Court is obviously reflective of farsighted wisdom of legislature to cater to the requirement of an emerging need of evidence in a particular situation for the purpose of corroboration to fortify or strengthen the deposition---Documentary evidence runs over or defeats the oral evidence under the maxim "res ipsa loquitor"---Second status of such evidence is of material thing (physical evidence) or oral evidence which is produced for the inspection of Court as ordained in second proviso to Art. 71 of Qanun-e-Shahadat, 1984---In the present case pictures were put to the accused/appellant during his statement under S.342, Cr.P.C., for seeking his explanation but neither he challenged such pictures in any manner during cross-examination nor gave any explanation in his statement under S.342, Cr.P.C.---Silence of the accused/appellant over such an important factor connoted that there was nothing to defend against such nude pictures, thus the requirement of law for using these snaps/pictures was completed and those could safely be used as evidence---Circumstances established that prosecution had proved the case against the appellant beyond shadow of reasonable doubt---Appeal, being devoid of merit, was dismissed, in circumstances.

Abdul Basit vs State Ss — 2025 PCrLJ 589 LAHORE-HIGH-COURT-LAHORE

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