PLD 2023 ISLAMABAD 124
Evidence for prosecution --- Supply of statements and documents to accused -- Production of documents --- Scope --- Accused , in a trial under S. 489 - F , P.P.C. , objected to the complainant's exhibition of certain original documents during his evidence , copies whereof had been provided to the police during the course of investigation --- Magistrate sustained the objection and discarded the documents which formed part of the evidence --- Complainant filed a revision petition before the Sessions Court , which was allowed --- Held , that the police authorities ought to have taken the original bank receipts or at least complainant ought to have provided them during the course of investigation , however , even if the same was not done and subsequently during the course of trial the original documents were produced in evidence , there was no impediment in law which barred the prosecution from doing so --- By virtue of Art . 18 of the Qanun - e - Shahadat , 1984 , any evidence which proved the fact and issue was to be allowed by the Court --- Mere admissibility of document in evidence did not necessarily prove it --- Method to prove a document was altogether distinct from adducing it in evidence --- Trial Court could not have discarded the documents --- Revisional Court had rightly explained the position of law and no exception could be taken thereto -
Receiving a document in evidence and marking it as exhibit does not bar other party from questioning its admissibility . document does not later --- Likewise , merely exhibiting a dispense with the onus to prove the same --- Admitting a document in evidence does not determine its evidentiary value nor does its admissibility attain finality ; it only becomes part of the record and is marked as exhibit .
Supply of statements and documents to the accused --- Scope --- Before commencement of the trial under Chap . XXIIA , Cr.P.C. , in all cases instituted . upon the police report , copies of the following documents are to be provided to the accused free of cost not later than 07 days before the commencement of the trial namely FIR , the police report , statements of all the witnesses recorded under Ss . 161 & 164 , Cr.P.C. and inspection note recorded by the Investigating Officer on his first visit to the place of occurrence and note recorded by him on recovery memo , if any --- In case of trial before the Magistrate , under Chap . XX , Cr.P.C. , in all cases instituted upon police report except those tried summarily or punishable with fine or imprisonment not exceeding six months , copies of statement of witnesses recorded under Ss . 161 & 164 , Cr.P.C. as well as inspection note recorded by Investigating Officer on his first visit to the place of occurrence shall be supplied free of cost to the accused not later than 07 days . before the commencement of trial .
Proof --- Standard of proof in civil and criminal cases --- Scope --- Degree of proof required in the civil and criminal cases is different viz . in the former . mere preponderance of probability is sufficient and benefit of reasonable doubt need . not necessarily go to the defendant but in the latter the persuasion of guilt must amount to such a moral certainty as convinces the minds of the tribunal , as reasonable men beyond all reasonable doubt .
Admissibility of document cannot be disputed or questioned on the ground that they are fabricated ; it is for the Trial Court to determine at the time of decision whether they are reliable and genuine documents .
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