CCTV Video Evidentiary Value

Article 164 of Qanoon Shahadat.. Close Circuit Television (CCTV) footage evidientary value.. mere producing of CCTV footage as a piece of ebidence in court is not sufficient to reply upon the same unless it is provided to be geniune– in order to prove the genuineness such footage it is incumbent upon the defence or prosecutation to examine the person who prepared such footage from the CCTC syetem.

2016 SCMR 2084

Detection of Electricity Bill

Detection of Electricity Bill

Section 24, 26-A, & 54-C of Electricity Act 1910

Detection of bill – determination — civil court / electric inspector  – jurisdiction—plaintiff assailed detection  bill issued by Electric company but trial court dismissed the suit on the plea of lack of jurisdiction – lower appellant court set aside judgment and decree passed by trial court and suit filed by plaintiff was decreed in his favor – validity – in case of theft of electricity or illegal abstraction of energy, Electric Inspector had no jurisdiction to adjudicate a dispute and jurisdiction was exclusively with civil court, which could resolve the controversy after proper appreciation of evidence produced by parties—Detection Bill issued to plaintiff was violation of natural justice, therefore the same was liable to be annulled — solitary witness produced by defendant company admitted the stance of plaintiff in his cross examination in unequivocal manner – High Court declined to interfere in judgment and decree passed by Lower appellant court – Revision was dismissed in circumstances ..

2016 CLC Note 39 Peshawar 

Registration of second FIR

Registration of second FIR on same incident

Section 154 and section 561-A Cr.P.C .. power of high court ot order registration of another second FIR for the same incident… scope… mala fide, dishonesty ulterior motives of the police or investigating officer.. misleading the investigation or prosecution… court had the power to order registration of another FIR at any appropriate stage of the proceedings however such power had to be exercised with extreme care and caution and not in  routine manner.

PLD 2016 Supreme Court 484

Bail cancellation

Section 497(5) Criminal Procedure Code 1898,

CANCELLATION OF Bail —- Grounds — Abscondance of accused—bail could not be cancelled merely on ground of abscondence – Abscondence by itself could not be substitute of evidence. it was a circumstance which was always taken in criminal case as corroboration towards the guild and not as proof of the guilt.

2016 SCMR 676

Dying Declaration

Dying Declaration

Article 46 of Qanoon-e-Shahdat 1984, dying declaration …scope… dying declaration was a statement of person without test of cross examination and is weak type of evidence…. Credibility of dying declaration depends upon the authenticity of the record and the circumstances under which it was recorded.. Rule of criminal administration of justice is that the dying declaration like the statement of an interested witness required close scrutiny and is not to be believed merely for the reason that during person is not expected to tell a lie..  (2014 YLR 2688)