2023 PCrLJ NOTE 92
Constitution of Pakistan --- Arts . 10 & 10 - A --- Safeguards as to arrest and detention --- Right to fair trial --- Scope - Constitution prescribes important safeguards against depriving a person of his " life or liberty " and with regard to arrest and detention , which includes the right to consult and be defended by a legal practitioner of his choice - Constitution also mandates a " fair trial and due process " -Person arrested for an offence ( 1 ) must be informed of the grounds of his arrest ; ( 2 ) must be permitted to consult with and be defended by a lawyer ; ( 3 ) must be provided with the information of the offence he is charged for ; ( 4 ) must be provided with an opportunity to cross - examine witnesses who depose against him ; ( 5 ) must be given an opportunity to explain the circumstances disclosed in evidence against him ; and ( 6 ) must also be provided an opportunity to produce evidence in his defense --- Such are also necessary ingredients to ensure the fairness of a trial .
Solitary purpose of judicial proceedings in a criminal case is to discover the truth and to arrive at a just decision of the case --- Word ' Just ' is significant that means ' right , fair , well founded ' --- Every effort should be made by the Court that no aspect of the case left unattended , prior to declaration of final verdict .
Right to fair trial --- Scope --- No matter how heinous the crime , the constitutional guarantee of fair trial under Art . 10 - A cannot be taken away from the accused .
S. 342 -- Examination of accused --- Scope --- Examination of an accused is not mere formality by the Court but a mandate to enable him to explain any circumstances appearing against him Din evidence , therefore , every piece of evidence which can be used against him for the purpose of conviction is required to be put to him .
S . 342 --- Examination of accused --- Scope --- Examination of accused is based on the principles of maxim : " Audi Alteram Partem " that means ' no one should be condemned unheard ' --- Such circumstances to be put to accused are also Dcalled ' incriminate pieces of evidence ' --- Word Gincriminating means " a material that has harmful effect " --- Deviation from such duty shall render the conviction invalid .
265 - C --- Supply of statements and documents to the accused----
S.164 after insertion of its proviso in the Qanun - e - Shahadat , 1984 empowers Court to allow any evidence to be produced that becomes ava because of modern devices and Dtechniques and conviction on the thereof is lawful --- Provisions of S. 265 - C , Cr.P.C. , there , I cannot be read in isolation and now the Courts are under a statutory duty to supply the copies of any such document at the relevant stage.
Court seized with the trial Dis under obligation to ensure that none of such Oprovisions be compromised and no right is to be denied.
Supply of statements and documents to the accused --- Scope --- Copy of DVD / CD at Ono stage of trial was supplied to the accused so as to disclose him the nature of videos and photos --- During the examination - in - chief or cross examination of any of the witnesses produced by prosecution the videos and photos were not displayed --- Trial Court was under a duty to show the material to the accused at least at the stage of examination of victim to enable the accused to cross - examine him in that context --- Appeal was allowed , conviction of accused was set aside and the case was remanded to the Trial Court to proceed with the trial accordingly .
Prosecution maintained that the Oprovisions of S. 265 - C , Cr.P.C. , in cases upon police Dreport , state only first information report , police report , statements of all witnesses recorded under OSS . 161 & 164 , Cr.P.C. , and the inspection notes recorded by the Investigating Officer and as it did not cover any other document , therefore , the Trial Court was under no obligation to supply the copy of DVD / CD to appellant --- High Court observed that the argument had no force at all for the simple reason that the documents mentioned in the provisions is a minimum standard ' so if in addition Othereto , there is any other evidence to be produced by the prosecution against an accused copy thereof must be supplied and disclosed to him also .
Notwithstanding the provisions of S. 265 - C , Cr.P.C. , the Court is empowered to issue direction for supply of the Ecopies of statements or documents at some other stage of the proceedings as well if the dictates of justice so demand .
Supply of copies of Devidence to accused is a valuable right .
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