.jpg "Application about Recording of Evidence") |
| Application about Recording of Evidence |
In the name of ALLAH, the most beneficent, the most
merciful
Format of application about
recording of evidence in criminal case and behavour of Court
BEFORE THE COURT OF
MR. _____, LEARNED JUDICIAL MAGISTRATE
The State versus Zafran Ahmed Malik etc.
FIR NO. 406, DATED
22-10 -2018, OFFENCE UNDER SECTION 452, 448, 506(II), 170, 171 PPC, P.S RATTA
AMRAL, DISTRICT
PETITION FOR
APPLICATION OF THE PROVISION OF CHAPTER XXV
OF CR.PC
1.
That this court is seized of the matter and
case was fixed before this court on
2.
That this court asked his Steno Grapher to record
the evidence while the court was busy in another work.
3.
That counsel for the complaint was asked to
stand in the dock instead of the rostrum for recording of the evidence and same
was the case for the counsel of the accused who was also asked to stand in the
dock.
4.
That the behaviour, observations and manners
of the court in utter violation of Chapter XXV of Cr.PC.
5.
That section 355 of Cr.PC speaks as under:-
“355.
Record in trial of certain cases by First and Second Class Magistrates:
(1) In cases tried under Chapter XX or XXII Magistrate
of the first or second class and in proceedings under section 514 (if not in
the course of a trial), the Magistrate shall make a memorandum of the substance
of the evidence of each witness as the examination of the witness proceeds.
(2)
Such memorandum shall be written and signed by the Magistrate with his own
hand, and shall form part of the record.
(3)
If the Magistrate is prevented from making a memorandum as above required, he
shall record the reason of his inability to do so, and shall cause such
memorandum to be made in writing from his dictation in open Court, and shall
sign the same and such memorandum shall form part of the record”
6.
That further to proceed in the matter section
356 of Cr.PC is relevant because it declares and stress recording of the
evidence in the handwriting of the presiding officer in the language of the
court “Urdu” but court wanted recording of the evidence only in “English” by
the stenographer. For this ready
reference court may see section 356 of Cr.PC which is as under:
“356. Record in other cases:
(1) In
the trial before Courts of Session and in inquiries under Chapter XII the
evidence of each witness shall be taken down in writing in the language of the
Court by the Magistrate or Sessions Judge, or in his presence and hearing and
under his personal direction and superintendence and shall be signed by the Magistrate
or Sessions Judge.
.
(2) Evidence
given in English: When the evidence of such witness is given in English the
Magistrate or Sessions Judge may take it down in that language with his own
hand, and, unless the accused is familiar with English, or the language of the
Court is English, an authenticated translation of such evidence in the language
of the Court shall form part of the record.
(2-A) When the evidence of such witness is given in any
other language, not being English, than the language of the Court, the
Magistrate or Sessions Judge may take it down in that language with his own
hand, or cause it to be taken down in that language in his presence and hearing
and under his personal direction and superintendence, and an authenticated
translation of such evidence in the language of the Court or in English shall
form part of the record.
(3) Memorandum
when evidence not taken down by the Magistrate or Judge himself : In cases
in which the evidence is not taken down in writing by the Magistrate or
Sessions Judge, he shall, as the examination of each witness proceeds, make a
memorandum of the substance of what such witness deposes;, and such, memorandum
shall be written and signed by the Magistrate or Sessions Judge with his own
hand, and shall, form part of the record.
(4)
If the Magistrate or Sessions Judge is prevented from making a memorandum as above
required, he shall record the reason of his inability to make it”
7.
That section 360 of Cr.PC is also relevant which
is as reported as under: _
“360.
Procedure in regard to such evidence when completed: (I) As the
evidence of, each witness taken under Section 356 or Section 357 is completed,
it shall be read over to him in the presence of the accused, if in attendance,
or of his pleader, if he appears by pleader, and shall, if necessary, be
corrected.
(2)
If the witness denies the correctness of any part of the evidence when the same
is read over to him, the Magistrate or Sessions Judge may, instead of
correcting, the evidence make a memorandum thereon of the objection, made to it
by the witness, and shall add such remarks as he thinks necessary.
(3)
If the evidence is taken down in a language different from that in which it has
been given and the witness does not understand the language in which it is
taken down, the evidence so taken down shall be interpreted to him in the
language in which it was given, or in a language, which he understands”
8.
That the court to proceed with the matter
in utter violation of the provision of law and even on agitation of the defense
counsel, this court was not ready to adhere to the provision of law.
PRAYER:
It is therefore requested that the case may be sent to
the learned Sessions Judge for its onward transmission to some other court of competent
jurisdiction.
Any other relief
which this Honourable Court deems fit and proper, may also be awarded.
Petitioner/ Accused
Through
Counsel
Advocate