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.
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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