“At the time of recording of evidence heavy responsibility lies
upon the prosecution and defence counsel to be alert so that
inadmissible evidence should not come on the record. As soon
such evidence is tendered by the prosecution or defence counsel,
then the other party should immediately raise objection to the
admissibility of such question/evidence and the Court should
decide the same then and there and prevent it from coming on the
record, if it is found to be inadmissible in evidence. If for any reason, the prosecution or defence does not raise such objection to
the admissibility of evidence then it is the duty of the Judges to
check such evidence, because the Judge has to play an active role
while recording the evidence of witnesses. The evidence should
not be recorded in a mechanical manner. A distinction has to be
made between admissible and inadmissible evidence and only
admissible evidence shall be allowed to come on record. If any
inadmissible evidence is brought on the record, then it will
adversely reflect upon the conduct of the prosecutors and defence
counsel on their alertness, ability and knowledge of law etc., while
tendering such evidence. At the same time it also reflects adversely
upon the conduct of the Court in which, such evidence is recorded,
allowed or brought on the record. Not only that, but it will
unnecessary burden the record, which is ultimately to be discarded,
and wastage of energy and Court’s time, which can be utilized to
some other work.”
Part of Judgment
Lahore High Court
Criminal Appeal
1978-15
2017 LHC 3519
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