‑Arts. 132 to 161‑‑Recording of evidence‑‑Stages and process‑‑Duty of Trial Court.

 P L D 1989 Karachi 144

(a) Penal Code (XLV of 1860)‑‑

‑‑‑‑S. 302‑‑Proceedings in the Trial Court were not conducted in the manner and with degree of caution and care which was required‑­Manner in which judgment by Trial Court was written clearly showed that there was no .judicial application of mind‑‑Serious lapses were allowed to creep in during trial which were in fact illegalities vitiating trial‑‑Case remanded for de novo trial‑‑Instances of non‑application of judicial mind, illegalities and serious lapses pointed out in detail.

(b) Qanun‑e‑Shahadat (10 of 1984)‑‑

‑‑‑Arts. 132 to 161‑‑Recording of evidence‑‑Stages and process‑‑Duty of Trial Court.

Three stages are provided for the purpose of recording of evidence. First stage is examination‑in‑chief, second stage is cross­-examination and the third stage is re‑examination. If witness is produced by prosecution, law officer, Incharge of Prosecution will examine the witness for the first stage of examination‑in‑chief. That is to be done in accordance with requirements which are applicable for recording of examination‑in‑chief. Witness is, thereafter, to be cross‑examined by the counsel for the defence. Cross‑examination is also controlled by some specified legal restrictions. If anything is left out in the examination‑in‑chief or there is an ambiguity, counsel who has examined the witness is allowed re‑examination for the purpose of clarification. On the top of all, the Court is empowered to ask Court questions under Article 161 of Qanun‑e‑Shahadat, 1984 as well for the purpose of elucidation if it is necessary. During the whole process of recording the evidence the Presiding Officer is expected to be mentally alert and aware of what is going on so that he should be in a position to exercise some control in the process of recording evidence so that everybody should play his part as required under the law within the limits of legal restrictions imposed for each stage. It is the duty of the trial Judge to see that justice is dispensed with strictly according to law. Trial Judge is not supposed to play a passive role at the stage of recording of evidence and leave it entirely to the Advocates who are appearing for prosecution and defence. He has to preside over proceedings in order to see that evidence is recorded in perfect accord with legal requirements which control the process at different stages. Lack of concern and interest in the recording of evidence by Presiding Officer can result into destroying of evidence and gross injustice. If care, caution and interest is taken by the trial Judge at the time of recording evidence, he can see to it that correct and legitimate evidence which is collected comes on the record and 'everybody including Police Officers, who have to play an important role at the time of investigation, do their duties in the Court in accordance with law.