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2008 MLD 1442

UMAIR ASHRAF vs THE STATE

Citation2008 MLD 1442
CourtSindh High Court
Case No.Criminal Revision Application No.59 of 2008
Date2008-06-03
Judge(s)Qamaruddin Bohra
ResultRevision dismissed

ORDER

' DR. QAMMARUDDIN BOHRA, J.---(1) Granted.

2. This criminal revision application has been filed against the order passed by the IVth Additional District and Sessions Judge South that on 2-4-2008 and after hearing DDPP for the State, advocate for the complainant and defence advocate allowed for playing CD under Article 164 of Qanun-e- Shahadat Order, 1984.

' Learned counsel for the applicant argued that the CD consisting the confession of the accused and the said CD is not provided to the accused nor it appears in the charge sheet and the same consisting upon confession of the accused before the police. Learned counsel further contended that the confession before the police has no value in the eye-of-law as such CD cannot be played.

State counsel opposes the contention and she stated that under Article 164 of Qanun-e-Shahadat Order, 1984 production of. Evidence that has become 'available because of modern device then the Court may allow to be produced such device.

' The contention of the learned counsel for the applicant is that the CD which has been allowed to be produced in evidence is consisting of confession of the accused before the police has no evidentiary value. This contention can be raised at the time of arguments but at the moment evidence which has been collected by the prosecution by way of modern device cannot be disallowed.

' Article 164 of Qanun-e-Shahadat Order, 1984 reads as under:-- '

164. Production of evidence that has become available because of modern devices, etc.-- ' In such cases as the Court may consider appropriate; the Court may allow to be produced any evidence that may have become available because of modern devices or techniques.

' In light of the above there is no substance in the contentions of the learned counsel for the applicant as such criminal revision stands dismissed.

Cited by 3 cases

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