CASE ASSESSMENT FORM : PART-A

(for prosecution)


This form records the assessment of the Prossecutor regarding the police case



If the information contained in this form changes you must tell the court at once through part-B
This part may be filled electronically by the prosecutor and shall be retained by the prosecutor.
Part 1: Case Information
1.
First Information Report
1.1
FIR No.
1.2
Sections of Law
1.3
Police Station
1.4
Date of Registration
2.
Investigation Information
2.1
Is the investigation complete
2.2
If not, give brief detail
2.3
Does the police require additional time for completing investigation
2.4
How much time the Police has requested for completion of Investigation?
Part 2: Prosecutors Assessment
3.
Investigation Information
3.1
Does the prosecutor support the request of the police at 2.4
If not, indicate why
4.
Information regarding composition (for compoundable offences only)
4.1
Has an application for compromise been submitted by the parties to the police or prosecution
If no, is the case likely to be resolved through settlement Note: the Prosecutor must take into account the views of the victim while replying to this question
If yes, give brief details
5.
Evidence Police will rely upon
5.1
Accused No 1
Name
Status
Charges recommended by the Police
Evidence against this defendant
Prosecutors assessment regarding specific evidence
Accused’s confession
No of confessions in case of this defendant
Confession No 1
Type of Confession
Whether procedural requirements have been complied with?

Name of Person before whom confession was made
If not, indicate whether the evidence is still admissible and why?
Date of making/recording of confession
Did the accused subsequently retract the confession

Recovery of Incriminating evidence
Number of items in case of this accused
Item No 1
Nature of Item
Was the item reffered for export analysis?
Place of recovery
If Yes, has the expert report been received
Date of recovery
If the item was not referred for analysis, should a refferal have been made?
Were witnesses associated during the recovery
Are recovery witnesses independent persons

Accused’s failure to submit to testing
Indicate reasons for refusal, If any
Purpose of testing
If you think the reasons are cogent, explain why?
Dying Declaration of the victim
Whether procedural requirements have been complied with?
Place of recording
If not, indicate whether the evidence is still admissible and why?
Date of recording
Person recording
Previous Conviction
No of convictions to be proved
Conviction No 1
Date of conviction
Reason for proving conviction
Court
Will you seek enhanced punishment on the basis of this conviction
Offences for which convicted
Will you use conviction to prove a pattern of behaviour
PW accounts
Number of PWs in the case of this accused
PW No 1
Name of PW
Is the PW related to victim

Act or conduct to be proved
If yes what is the relationship?
Has this witness appeared in other cases on behalf of the victim

Is the PW related to accused?

If Yes, what is the relationship?
Is the PW, a Police Officer?
Date and time of recording statement
Time between recording of statement and event deposed?
Officer recording the statement
Are there other witnesses of the same event?
Other key information regarding this witness
Names of other witnesses
Documentary evidence
Number of documents in case of this accused
Document No 1
Nature of document
Is the document original?
Extent to which the document will be used?
If not, why is the original not available?
Will other documents be used to prove the same point
If Yes, how many?
What is the extent of financial loss caused to the victim(s) by this accused?
What is the role of the accused in causing this loss?

What is the extent of the injuries caused to the victim(s) by this accused?
What is the role of the accused in causing this injury?

Other key evidence
Is this evidence material and relevant?
What is the accused version if any
Did the police collect any evidence regarding accused's version
If No, why not?



Signatures
Name of Prosecutor
Signature
Name of DPP
Signature
Seal of Prosecution Office















CASE ASSESSMENT FORM : PART-B

(for prosecution)


This part of the form shall be submitted to the court



This part of the form is a confidential document and the prosecutor asserts privilege under Article 6 of the Qanun-a-Shahadat Order, 1984.
However, if the Court wishes to act in accordance with the advice of the Prosecutors, the CPS waives the privilege it asserts on this document
FIR No, PS and District
Name of Accused, age and gender
Charges recommended by the Police
Evidence available on these charges
Prosecutor Assessment regarding evidence against this accused on this charge
Charges recommended by the Prosecutor on the basis of evidence and public ineptest including reasons if not already recorded in column 3
Name of Prosecutor
Signature
Stamp of prosecutor


Guidelines

Instructions marked * are not prescribed by rules.


Investigation (Criminal Procedure Code, s173)

Magistrate may in the presence of valid reasons extend the time of the investigation according to the proviso of the Instant section.

              

Confessions

a. The statement of a person duly recorded under s164 may be used as confession provided that it is recorded prior to the commencement of trial (Criminal Procedure Code, s164).

b.  Confessions made before the police are inadmissible and must not be relied upon except in as much as they amount to information relating to discovery of incriminating      evidence(Qanun-I-Shahadat Order, s39, s40)

c.  Statements made to the police before recording of FIR are admissible and may be relied upon

d.  If the fact of retraction does not exist or cannot be speculated “Not Applicable” shall be checked

Disclosure (Criminal Procedure Code, s241-A,265-C)
e.  In all cases instituted upon police report, except those tried summarily or punishable with fine or imprisonment exceeding six months, copies of all statements under sections 161      and 164 and of the inspection note recorded by an investigation officer on his first visit shall be supplied to the accused not less than 7 days before the commencement of the      trial.

Prosecution witnesses (Criminal Procedure Code, s265-F)

f.  The Court shall ascertain from the Public Prosecutor or as the case may be from the complainant, the names of the prosecution witnesses. Documentary evidence (Criminal      Prosecution Code, s510)

g.  Any document purporting to be a report, under the hand of a chemical examiner or Chief Chemist of the Pakistan Security Printing Corporation or any serologist, finger print     expert or fire arm expert appointed by Government upon any matters or things duly submitted to him for examination or analysis and report in the course of any proceedings     under the Code of Criminal Procedure, may without calling him as a witness be used as evidence in any trial under the Code, provided that the Court may summon and examine     him if necessary.

Previous Convictions (Criminal Procedure Code, s245-A, s511)

h.  Where an accused is liable to enhanced punishment because of a previous conviction and the accused does not admit that he has been previously convicted as alleged in the     charges, the Magistrate may after he has convicted the accused as under s243 or under s245 (2), take evidence in respect of the alleged previous conviction.

i.  In any trial, a previous conviction or acquittal may be proved by a) an extract certified under the hand of the officer having the custody of the records of the court in which such     convictions or acquittal was made, or b) in case of conviction by a certificate signed by the officer in charge of the jail in which the punishment or any part of it was inflicted, or by     production of the warrant of commitment, together with evidence as to the identity of the accused person with the person so convicted or acquitted.


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