Opinion of the investigating officer – not admissible

پولیس تفتیشی کی رائے کی قانونی حیثیت

2021 SCMR 612

Opinion of the investigating officer – not admissible ۔

Main Point: An investigating officer's opinion on an accused person's guilt or innocence is not considered relevant or admissible evidence in court.

Reasons:Qanun-e-Shadat Order, 1984: The law of evidence in Pakistan doesn't classify a police officer as an "expert" under Article 59. Expert opinions are typically admissible, but a police officer's opinion doesn't qualify.

Criminal Procedure Code (Cr.P.C): This law doesn't authorize police officers to determine guilt or innocence. Their role is to investigate and collect evidence, not judge the case.

Judicial Function: Determining guilt or innocence is a responsibility reserved for courts, not delegated to investigating officers.

Investigating Officer's Role: Conduct investigations under the Cr.P.C. (both cognizable and non-cognizable offenses with proper authorization).

Collect evidence.

Present the evidence to the court.

Court's Role: Analyze the evidence presented by the investigating officer and others.

Form an independent opinion on the accused's guilt or innocence.

Decide the case based on the evidence, not the investigating officer's opinion.

Case Reference (2021 SCMR 612):

This specific case highlights an instance where the High Court relied on the investigating officer's opinion. The passage argues that this reliance was legally incorrect. The court should have based its decision solely on the presented evidence, not the officer's view.

Conclusion:

An investigating officer's opinion on guilt or innocence holds no legal weight in Pakistani courts. Their role is to gather evidence, not judge the case. The court makes the final determination based on the presented evidence.