P L D 2013 Lahore 8
Criminal Procedure Code (V of 1898)---
----Ss. 161, 162 & 439---Qanun-e-Shahadat (10 of 1984), Art.140---Penal Code (XLV of 1860), S.302/34---Criminal trial---
Word "shall" used in S. 162 Cr.P.C.--Scope---
Previous statement, confronting of---Principle---
Statement before police--During trial, accused produced defence witness who had appeared before police during investigation and his statement was also recorded under S. 161 Cr.P.C.--During cross-examination, complainant was not allowed to confront said defence witness with his statement recorded earlier by Investigating Officer during investigation---Validity---Statement recorded under S.161 Cr.P.C. could only be used by accused for such limited purpose and the same could not be used for any other purpose--- Legislature used word "shall" for making absolute bar of using such statement for any other purpose---Article 140 of Qanun-e-Shahadat, 1984, was controlled by S.162, Cr.P.C. and prohibition contained in S.162 Cr.P.C. could not be defeated---Statement under S. 161, Cr.P.C. recorded by police could not be utilized as substantive evidence and it could only be utilized under S.162 Cr.P.C. to contradict such witness in the manner provided by Art. 140 of Qanun-e-Shahadat, 1984---When statement to be confronted was recorded under S.161 Cr.P.C., then rider of S.162, Cr.P.C. would apply but Art. 140 of Qanun-e-Shahadat, 1984, being part of general law of evidence had its own independent legal efficacy and application upon any other previous statement of witness, which might have been made by him in some other judicial, quasi-judicial, administrative, executive proceedings or inquiries or before such of the forums or even privately made through some instrument i.e. agreement or affidavit, could be confronted to that person, if relevant, in any criminal case, however subject to its proof--- High Court maintained order passed by Trial Court whereby complainant was not permitted to confront defence witness with his earlier statement recorded under S.161 Cr.P.C.-
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