Here is a step-by-step breakdown of case laws related to different aspects of criminal trials:
1. Recovery and Punishment under Sections 9A, 9B, and 9C:
- PLD 2009 Lah 362: Addresses the punishment schedule under sections 9A, 9B, and 9C.
- 1997 SCMR 947: If the requirements of Section 103 of the Criminal Procedure Code (Cr.P.C.) are not complied with, the accused is entitled to bail.
2. Samples and Chemical Examination:
- 2005 MLD 386: If samples sent for chemical examination are taken from only one pack, the case falls under Section 9A.
- 2002 MLD 44: Conviction cannot be based if the chemical examiner’s lab report is not brought on record.
- 2007 CrLJ 913: Conviction can only be under Section 9A when the sample is made from only one piece.
- 2009 NLR Cr. 126, S.103: Non-compliance with the provisions of Section 103 Cr.P.C. is fatal to the prosecution’s case.
3. Charges and Their Purpose:
- 2009 YLR 507: The purpose of a charge is to inform the accused of the specific offense they are being tried for so they can adequately defend themselves.
4. Child Witness:
- 2010 PLJ SC 1133: Discusses the competency and reliability of child witnesses in criminal trials.
5. Civil and Criminal Litigation:
- 2006 CLC 289: A judgment in a criminal court does not influence civil court proceedings.
- 2006 SCMR 276, 1192; 2007 CrLJ 143; 2008 CrLJ 1: Civil and criminal litigation can proceed concurrently without impacting each other.
6. Compromise on Bail Stage:
- 2002 PCrlJ 1003; 2005 SCMR 1342: Outlines the conditions and legal standing for reaching a compromise at the bail stage.
7. Complaint (S/200):
- 1994 PCrLJ 430: The complaint must be recorded by the Magistrate himself.
- 2003 SCMR 59: The dismissal of a complaint in a cognizable and non-compoundable case is void ab initio.
8. Cross-Examinations:
- 2002 YLR 2362: If there is no cross-examination, the statement stands admitted.
- 1991 SCMR 2300: Omissions in cross-examination can be rebutted by making suggestions or denying them in evidence.
- 2010 PCrLJ 1253: Cross-examination is a valuable right of the accused and the best method to ascertain the truth.
- 2010 PCrLJ 812: Allows for cross-examination by the accused himself.
9. Defense Plea:
- 2008 YLR 2910: If the accused has a defense plea, it must be presented during cross-examination and reiterated at the time of recording the statement under Section 342, Cr.P.C.
10. Discharge Report:
- 2003 PCrLJ 244(a); 2004 YLR Lah 836(b): The court is not bound to accept the discharge report.
11. Finger Print Evidence:
- PLJ 2010 SC 575: Non-appearance of a fingerprint expert to support the plea is not helpful.
12. First Information Report (FIR):
- PLJ 2010 SC 986; PLJ 2010 Cr.C. 466: If the accused is not mentioned in the FIR and witnesses had seen the accused for the first time, an identification parade becomes necessary.
13. Habeas Corpus:
- 2010 PLJ Lah 396: Habeas corpus petitions against the father are not competent.
- Reference: 2001 SCMR 1782
14. Interim Bail:
- 2003 PCrLJ 409: Discusses the criteria and considerations for granting interim bail.
15. Injured Witness – Truthfulness:
- 2007 SCMR 670: An injured witness’s presence at the spot confirms their presence but does not necessarily establish their credibility.
16. Interested Witness:
- 2010 PLJ Cr.C (Lah) 554; 2007 PLJ SC 226; PLJ 2010 SC AJ&K: Discusses the credibility of an interested witness and the need for corroborative evidence.
This compilation provides a reference to various legal aspects and precedents related to criminal trials in Pakistan, covering topics from evidence handling to cross-examination and witness credibility