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PART E -- RECORD OF EVIDENCE IN CRIMINAL CASES
1. Only relevant evidence should be recorded.--In recording evidence, Magistrates should take care to see that it is relevant and admissible under the provisions of the [Qanun-e-Shahadat, 1984]. If any objection is raised as to the admissibility of any evidence, the Magistrate should endeavour to decide it forthwith and the particular piece of evidence objected to, the objection and the decision thereon should be clearly recorded.
2. Duty of Court to elucidate facts.--Magistrates should endeavour to elucidate the facts and record the evidence in a clear and intelligible manner. As pointed out in 23 P.R. 1917, a Judge in a Criminal trial is not merely a disinterested auditor of the contest between the prosecution and the defence, but it is his duty to elucidate points left in obscurity by either side, intentionally or unintentionally, to come to a clear understanding of the actual events that occurred and to remove obscurities as far as possible. The wide powers given to the court by *[Article 161 of the Qanun-e-Shahadat, 1984] ***[...] should be judiciously utilised for this purpose when necessary.
3. Mode of recording evidence.-- ***[...] In cases falling under section 355 **[of the Code of Criminal Procedure, 1898] the presiding officer is required only to record a memorandum of the substance of the evidence, while in those falling under section 356 **[of the said Code], the evidence must be recorded in full. But in the latter class of cases the presiding officer may, instead of recording the evidence himself, have it recorded in his presence and hearing and under his supervision, provided he makes a memorandum of the substance of the evidence side by side in his own handwriting as the examination of each witness proceeds. On the other hand, in cases falling under section 355, 356 **[of the said Code] also the Magistrate may record the evidence in full if he thinks it fit to do so (e.g., when the evidence is very important or when there is possibility of the witness being prosecuted for perjury, etc.), vide section 358. Where the presiding officer is unable to record a memorandum of the substance of the evidence as required by section 355 or 356 **[of the said Code], he must record the reasons of his inability to do so, and, in cases falling under section 355, must have the memorandum recorded by dictation in open Court.
4. Comparison of memorandum with vernacular statement.--An omission to record the memorandum referred to above cannot be justified except under circumstances which render it impossible for the Magistrate to record it. Want of time cannot be accepted as a valid excuse. In these cases the Magistrate should be careful to follow the deposition of each witness, when it is read over to him in the vernacular in accordance with section 360 of the Code of Criminal Procedure, and observe whether his memorandum is in conformity therewith. Any apparent discrepancy between the vernacular statement and the English memorandum should be explained in a note by the Magistrate under the memorandum. ***[...]
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[5. Memorandum in English.--The Sessions Judges and Judicial Magistrates exercising powers under section 30 of the Code of Criminal Procedure, 1898, shall keep a memorandum of the evidence in English, which should be as full as possible.]
6. ***[Omitted].
7. Statement of a witness to be read over.--The statement of a
witness must be read over to him in the presence of the accused and
corrected, if necessary, according to the provisions of section 360 of the Criminal Procedure Code. ***[...]
8. Evidence and judgment in summary trials.--In all summary trials in which the order of the Magistrate is final, no evidence need be recorded in English or Urdu; but the Magistrate should enter the particulars mentioned in section 263 of the Code in a register to be kept for the purpose.
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[9. Particulars of witnesses or parties to be noted.- Care should be taken to record the parentage, age, place of residence and caste of parties and witnesses. When a person is known by two names, or his precise name is doubtful, both should be given or doubt cleared up. It should also be noted whether a witness is called by the prosecution, or by the defence, or by the Court.
Where age of a witness in view of the facts deposed to by him in his statement, becomes relevant the presiding officer should ensure that he states it as a fact after he has been summoned as a witness, so that it forms part of his testimony. It is not enough that he has stated his age when giving his particulars].
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[10. Examination-in-Chief.- Cross-examination and re-examination to be distinguished by a note in the margin.- Examination-in-chief, cross examination and re-examination of witnesses should be distinguished by a note in the margin. If a witness is not cross-examined the record should show that the opportunity was given but was not availed of.]
11. Illegible record.--The memorandum of evidence, the depositions or statements should be carefully written in a legible manner **[or typed]. In cases forwarded to the High Court, in which from any cause the memorandum or depositions in question, or the final judgments have been indistinctly or illegibly recorded, copies of such memoranda, depositions and judgments should be submitted with the record of the case.
12. Documents on record should be duly proved.--Care should be taken to see that all documents placed on the record, e.g., the first information report, plan of the spot, medical certificates etc., are duly proved, As regards special rules of evidence relating to Chemical Examiner's reports, please see Chapter XLI of the Code of Criminal Procedure.
13. Demeanour of witnesses.-- *[Courts] should not omit to make a note about the demeanour of a witness when such demeanour is noteworthy and affects their estimates of the value of the evidence given by the witness.
14. Record to contain a brief note of all material orders passed.--Each record or memorandum of evidence should be dated and the record of a case made by a Magistrate or Sessions Judge should not only contain depositions or memoranda of evidence, according as the evidence is or is not recorded by him in full, but also, in its proper place, a short note of every material order made during the inquiry or trial, with the date on which such order was made. Every order of adjournment must be entered, and the date on which the inquiry was resumed should be apparent.
Notes:-Orders to be written by the Magistrate in his own hand.--All notes and orders recorded by Presiding Officer (e.g., orders of adjournment, notes regarding the presence of witnesses) other than depositions, orders deciding any matter in dispute and the final judgment, should be written by the Presiding Officer in his own handwriting **[or dictated] by him and be dated and appended to the record. Each "order" or "note" should be clearly marked as such.
Notification re, Court language.--Under the provisions of section 558, of the Code of Criminal Procedure, 1898 (V of 1898), the Provincial Government has declared that Urdu shall be deemed to be the language of the Criminal Courts in the Punjab.
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