Documentary Evidence in a Criminal Trial

Abstract

In this paper an attempt has been made to highlight the various aspects of documentary evidence in the light of judicial precedents. On the criminal side the trial begins from the framing of the charge and ends at pronouncement of judgement. When charge is framed and read out to the accused and his plea recorded. If he pleads not guilty, the prosecution is asked to present its case by producing its evidence. The evidence is examination of the witnesses, the cross examination of the witnesses and sometimes even re-examination of the witnesses. Evidence is of two kinds oral and documentary. After closure of prosecution side, the plea of the accused is again recorded and he is given the chance to rebut the charge by bringing his evidence both oral and documentary and even to examine himself as his own witness. After that the arguments of the parties are heard and the judgment announced. This paper is restricted to discussion on the documentary evidence and the manner of bringing on record the documents in a criminal trial. The discussion has gained much importance for the reason that many modern devices have come to light that speak of the evidence generation by them. Admittedly, the law in Pakistan was made in the year 1898 namely, the Code of Criminal Procedure, 1898 and there has elapsed a period of near about 113 years, and very few amendments have been made since then. Are these sufficient or more are required? What is the role of the Prosecutor, be he the Complainant in a private complaint or the State Court in this behalf, the accused, the PWs, DWs and the CWs? How a document is to come on the record and by which qualifications and acid tests and under which provision of the law? How the Superior courts have interpreted the various provisions of the relevant laws in this behalf have been quoted with full references to tell the researchers at all levels the application of the law of procedure and evidence on the Criminal side as a mechanism in protecting the substantive rights and thus giving access to justice.