Citation Name: 2025 PCrLJ 837 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Sohail vs Jamshed Mahmood Ra

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

Citation Name: 2025 PCrLJ 837 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Sohail VS Jamshed Mahmood Raza alias Jami arts. 46-a, 78-a & 164---Criminal Procedure Code (V of 1898), S. 540---USB as a modern device---Evidentiary value---Scope---application under S.540, Cr.P.C for bringing evidence on record---Powers of Trial Court---Scope---Trial Court rejected application of accused seeking a USB to be exhibited in evidence---USB is a modern device generated through an automated system, hence the same can be exhibited in evidence as provided in articles 46-a and 164 of Qanun-e-Shahadat Order, 1984 ('the Order 1984')---article 164 of the Order 1984provides wide powers to the Courts to make use of evidence generated by modern devices and techniques---arts.46-a and 78-a of the Order, 1984 as well as provisions of Electronic Transactions Ordinance have smoothened the procedure to receive such evidence subject to certain restrictions / limitations---If USB is allowed to be exhibited in evidence , the respondent has a right to cross-examination as a litmus test of the truthfulness of what is deposed on oath in examination-in-chief---Court should not summarily dismiss an application under S.540, Cr. P.C. merely on the ground that it is found just to fulfill a lacuna in the case or that it was a belated application---Courts are duty bound to decide the case on merits after affording an opportunity to the parties to place on record all available evidence with them---Section 540, Cr.P.C. empowers a Court to summon all relevant evidence and place it on record at any stage of the trial if it is necessary to decide the controversy between the parties---Trial Court was not justified in declining the request of the applicant for bringing on record the USB as an evidence while dismissing application under S.540, Cr.P.C---High Court set-aside impugned order and allowed the application filed under S.540, Cr.P.C, for bringing on record the USB as an evidence---Criminal Revision was allowed accordingly.

Citation Name: 2025 PCrLJ 837 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Sohail vs Jamshed Mahmood Raza alias Jami arts — 2025 PCrLJ 837 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2025 PCRLJ