Statement of witness recorded in ABSENCE OF ACCUSED

Citation Name : 2019 YLR 2553 PESHAWAR-HIGH-COURT
Side Appellant : KHALIL-UR-RAHMAN
Side Opponent : State
S. 512---Statement of witness recorded in ABSENCE OF ACCUSED ---Transfer of statement of witness recorded in proceedings under S. 512, Cr.P.C.---Validity---Statement of a witness duly recorded under S. 512, Cr.P.C. can be transposed to the trial of accused subsequently arrested and the same will fall within the category of substantive evidence---Yet the court has to evaluate the same on case to case basis with care and caution while considering the intrinsic worth of the statement in the circumstances of each case for the reason that the same has not been subjected to cross-examination.

Citation Name : 2018 YLR 1836 PESHAWAR-HIGH-COURT
Side Appellant : SHER ALI
Side Opponent : State
S. 512---Statement of witness recorded in ABSENCE OF ACCUSED ---Transfer of statement of witness recorded in proceedings under S. 512, Cr.P.C.---Validity---Said statement for having not been subjected to cross-examination, would not be of any help to the prosecution case.

Citation Name : 2018 YLR 1101 PESHAWAR-HIGH-COURT
Side Appellant : SHAH ZEB
Side Opponent : FAKHR-E-ALAM
Ss. 302, 324 & 34---Criminal Procedure Code (V of 1898), S. 512---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Statement of relevant fact by person who was dead or could not be found was relevant---Recording of evidence in ABSENCE OF ACCUSED ---Appreciation of evidence---Benefit of doubt---Ocular account was not supported by medical evidence---Prosecution case was that accused along with co-accused persons had assaulted on complainant and his brother, made firing with their pistols, as a result brother of complainant got hit and died on the spot while complainant escaped unhurt---Motive for the incident was money dispute between co-accused and deceased---Complainant and his brother were stated to be eye-witnesses of the incident---All the three accused went into hiding and resultantly proceedings under S. 512, Cr.P.C. were initiated against them, wherein, statements of eye-witnesses were recorded---Complainant of the case had died and his brother/eye-witness was also not traceable---Legal heirs of the deceased had not appeared on behalf of the complainant's side---Record showed that none of the eye-witnesses appeared before the Trial Court against the accused---Prosecutor had moved application for transferring the statements of eye-witnesses recorded during the course of proceedings under S. 512, Cr.P.C. on the ground that their attendance could not be procured---Said application was accepted and statements of eye-witnesses were transferred to the file of the case---First Information Report showed that deceased was fired at by all the three accused persons with their respective pistols but medical evidence showed that the four wounds sustained by the deceased were of same dimensions (1.5 x 1.5)---Similarity dimensions of the wounds showed that firing at the deceased was one person's job---Investigating Officer had collected two empties of 30-bore pistol from the spot and sent the same to Forensic Science Laboratory for ascertaining whether same were fired from one or more weapons---Report of Forensic Science Laboratory showed that both the crime empties had been fired from same weapon, which transpired that the firing was made by one person---Said aspects of the case showed that both the eye-witnesses were not present at the spot---Even, if it was presumed that they were present at the spot, but in view of medical evidence of the victim and Report of Forensic Science Laboratory, it could be held that they had given exaggerated account of the occurrence, thus their evidence could not be accepted---Confession of accused was recorded on the Third day of his arrest but same went quite contrary to what the complainant had alleged in the FIR---Record indicated that retracted judicial confession was recorded after about nine years of the incident and after about three days of the arrest of accused---No sanctity could be attached to such confession because it did not appeal to prudent mind that after about nine years, all of a sudden, a culprit would confess his guilt---Retracted judicial confession for its not being voluntary one and getting no corroboration from circumstantial aspect of the case, was not safe to rely upon---Circumstances established that prosecution had not proved its case against the accused beyond any reasonable doubt, the benefit of which would resolve in favour of accused---Accused was acquitted in circumstances by setting aside conviction and sentences recorded by the Trial Court.