SHAKEEL AKHTAR vs State S — 2025 PLD 430 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 PLD 430 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: PLD
Parties: SHAKEEL AKHTAR vs State S
Subject matter: Criminal
Provisions referred to: S. 94---Q; S. 302---; S. 94; Penal Code (XLV of 1860)

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

Judgment text as reported

SHAKEEL AKHTAR VS State S. 94---Qanun-e-Shahadat (10 of 1984), Arts. 24, 40, 59 & 164---High Court (Lahore) Rules and Orders, Vol. III, Chapter,1-E, R.2---Penal Code (XLV of 1860), S. 302--- Qatl-i-amd---DNA Test---Terms "whenever" and "thing"---Scope---Filling in lacuna in prosecution case---During recording of prosecution evidence, complainant filed application for DNA test of accused for comparison with samples of deceased kept at Punjab Forensic Science Agency---Trial Court allowed the application filed by complainant---Validity---Extensive powers have been given under S. 94, Cr.P.C. to the Court---Effect of word "whenever" used in S. 94, Cr.P.C. is that Court can exercise that authority at any stage of trial---Language of S. 94, Cr.P.C. is general and it includes an accused person---Term "things" used in S. 94, Cr.P.C. and Art. 161 of Qanun-e-Shahadat, 1984 must be given a broad meaning and understood to signify anything connected with the offence which may serve interest of justice---High Court declined to interfere in order passed by Trial Court as the order would not allow prosecution to fill lacunae in its case, which was based entirely on circumstantial evidence---DNA test of accused would help the court to make a correct decision---Revision was dismissed, in circumstances.

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