فوجداری مقدمہ میں جائے وقوعہ، نقشہ موقعہ کی حیثیت اور اہمیت اور نقشہ موقعہ کی تیاری سے متعلقہ قانون کے بارے میں لاہور ہائیکورٹ کا نہایت معلوماتی فیصلہ

 PLJ 2022 Cr.C. (Note) 52

Police Rules, 1834--

----Rr. 25.13(2)(i)--Preparation of map of a crime scene--Prepare by a qualified police officer, expert or other suitable agencies--The police officer investigating cases of heinous crimes especially of homicide, riots, land disputes etc., if considers, that an accurate map of crime scene is required to be prepared, he after summoning Patwari of circle or a duly qualified draftsman to scene of crime, causes him to prepare map in duplicate i.e. one for its submission along with charge-sheet or final report for producing it as evidence in Court and other for use of police/investigating agency--In original map, a reference relating to facts observed by police officer is to be entered while in duplicate, references are recorded which are not relevant for evidence but are based on statements of witnesses.

Responsibility of Patwari, Draftsman and Police Officer--

----It is necessary to clearly define responsibility of Patwari, draftsman etc. and police officer in respect of these maps--The police officer has to indicate to Patwari limits of land, of which map, topographical items etc., he desires to be shown--While drawing a map, Patwari is responsible for its correctness--The Patwari cannot write any explanation on map which is intended to be produced as evidence before Court--The police officer, however, may write any explanation on duplicate copy of map--He can add such remarks which may be necessary to duplicate of map to explain its connection with case--A police officer is equally responsible along with Patwari for correctness of all particulars regarding crime scene--However, he cannot make any remarks or explanations on copy of a map produced by a party--It will be convenient if all entries made by Patwari are made in black ink and those added by police officer in red ink--The police officer in any case cannot require a Patwari to make a map of any inhabited enclosure or of land inside a town or village site--The site plan is not per se admissible in evidence as it has to be proved by producing its maker, as a witness in Court, who may be subjected to cross-examination.

Crime scene--

----Appreciation of evidence--It is generally used for explaining information relating to crime scene for purpose of appreciation of evidence--Being a reflection of crime scene, preparing and bringing on record site plan is part of an attempt to furnish a panoramic view of occurrence to scrutinize evidence of prosecution witnesses produced at trial.

Criminal justice system--

----Duty of police officer--Preparation of a crime site-plan--Our system for criminal dispensation of justice even from investigation stage is adversarial in its nature--The Police Officer conducting investigation into an offence has been enjoined upon to collect evidence having nexus with case, irrespective of fact that it is in favour of prosecution or defence and after forming a mature opinion regarding involvement or otherwise of accused in crime under investigation, he is bound to forward/submit it in form of a report before Court--Preparation of a crime’s site plan at inception of investigation, as aforesaid, significantly is a wise step to preserve relevant and available information about place of occurrence.