Law: Criminal Procedure Code (V of 1898)

Section: 161

Law: Qanun-e-Shahadat (10 of 1984)

Section: 133

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42

(a) Criminal Procedure Code (V of 1898) S. 161 Statement under S.161, Cr.P.C. Nature and use of ¬Statement under S.161, Cr.P.C. was not a substantial piece of evident and same could be used by defence to bring out the truthfulness of a witness whose statement was recorded by Investigating Officer under S.161, Cr.P.C. and was produced in the Court in support of prosecution version. (b) Qanun e Shahadat (10 of 1984) Art. 133 Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42 Examination and re examination of witnesses - Appeal to Supreme Court Scope Article 133(3) of Qanun e Shahadat, 1984 had been incorporated for safe administration of criminal justice as even a bit of evidence produced in a criminal case was required to be considered along with the other evidence to form opinion of guilt or otherwise of an accused person in a case In cross examination, the defence could not be confined to put only such questions to the witness which related to matter he had narrated in the examination in chief ¬Defence could put any question which related to the incident in a criminal case even the character of the witness could be challenged in cross examination Under Art. 133 of Qanun e Shahadat, 1984 though prosecution could not introduce in re examination any new matter, but if a material question had been omitted in the examination in chief of a witness, it could not be asked as a matter of right in re examination ¬Competence of the Court in allowing such question to the prosecution for safe administration of criminal justice has been acknowledged by Art.133 of Qanun e Shahadat New matter having been introduced in cross examination, re examination of witness was rightly allowed by Trial Court Defence, however, was at liberty to cross examine said witness No illegality having been committed by Trial Court or the first Appellate Court, appeal having no merits, was dismissed by the Supreme Court. Rukhsar Ahmed and another v. State and 3 others 2001 YLR 1921; Dilshad v. The State 1995 PCr.LJ 248; The State v. Syed Abdul Qayyum 2001 SCMR 14 and Ghulam Ahmad and others v. Mst. Rabia Bibi and others PLD 1970 (AJ&K) 1 ref. THIS JUDGMENT DELIVERED BY: KHAWAJA…

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