Criminal Procedure Code (V of 1898)---
----S. 172---Diary of proceedings in investigation---Object of---Section 172, Cr.P.C., made it mandatory for Investigating Officer to enter day-to-day proceedings of the investigation in a special diary, setting forth the time at which the information reached to him; the time at which he begun and closed his investigation; the place or the places visited by him and the statement of the circumstances ascertained through his investigation---Such special Diary, could be used at the trial or inquiry, not as evidence in the case, but to aid the court in such inquiry or trial---Object of S.172(2), Cr.P.C., was to enable the court to direct Police Officer, while giving evidence to refresh his memory from the notes made by him in course of his investigation of the case or to question him as to contradictions, which could appear between the statement so recorded and the evidence he was giving in the court---Court, could also use such diaries in course of trial for the purpose of clearing up obscurities in evidence or bringing out relevant facts, which court thought were material in fair trial---Diary, according to S.172, Cr.P.C, could be used for suggestion of questions to witness when the court considered that there was reasonable ground for so doing or to suggest means for further clarity by legal evidence, points which needed clarification.
Criminal Procedure Code (V of 1898)---
----S.172---Qanun-e-Shahadat (10 of 1984), Arts.140, 155 & 157---Investigation of case---Cross-examination of a witness as to his previous statement in writing---Diary of proceedings in investigation---Scope---Counsel of accused, intended to confront Investigating Officer from the case Diaries---Trial Court denied the request---Validity---Investigating Officer, not only occupied a key role in the criminal justice system, but was also the most important witness, who collected evidence and placed the same before the court---Investigating Officer, could refresh his memory before deposing in the court---Article 140 of Qanun-e-Shahadat, 1984 conferred a right upon accused to cross-examine the witness as to his previous statement made by him in writing or reduced into writing---Investigating Officer, in the present case, was under cross-examination before the Trial Court; nothing was on record to show that he was examined without consulation of Police file---Once, Investigating Officer, consulted the Police file, he was amenable to cross-examination---If the Diary was used by Investigating Officer to refresh his memory, Art.140 of Qanun-e-Shahadat, 1984 would apply and the adverse party must be shown the entry and could cross-examine the witness on the same; because, the object was to arrive at just and proper decision of the case---No prohibition existed against the court permitting in its discretion the defence counsel to see the portion of the Police Diary, which the court would consider fit in the interest of justice---Trial Court was directed to allow the defence Counsel to cross-examine the Investigating Officer, as provided by S.172(2), Cr.P.C. and Art.157 of Qanun-e-Shahadat, 1984.
P L D 2018 Peshawar 157
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