Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 540---Power to summon material witness etc.--Object---Object of S.540, Cr.P.C. is to enable the court to arrive at the truth---Technicalities should not stand in the way of a Judge, because the basic duty of the Court is to ascertain real facts and for this purpose evidence through witnesses is the time honourned technique in administration of justice. (b) Criminal Procedure Code (V of 1898)--- ---Ss. 540 & 265-F---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.16---Penal Code (XLV of 1860), S.380---Enticing or taking away or detaining with Criminal intent a woman and theft---Petition of complainant for inclusion of the name of the DSP (Investigation) as a witness in the Calendar of witnesses had been dismissed by trial Court---Validity---Name of the Police Officer sought to be summoned appeared in the report submitted by the police under S.173, Cr.P.C.---Parties had appeared before the said police officer and no objection was raised before the Investigating Officer regarding his authority, to make a probe into the crime report---Question whether he was competent to investigate or not should be left for the other party to establish through cross-examination---Trial Court would then consider the matter, if the issue was raised before it---Section 265-F had been added in the Code of Criminal Procedure notwithstanding the already existing S.540, Cr.P.C. in order to ensure conducting of a fair trial and in order to achieve said purpose, equal opportunities had been provided both to the accused as well as to the prosecution party to summon the witnesses---However, balance must be struck between the parties and summoning of a witness should not stand in the way of administration of justice---DSP (Investigation) was directed to be summoned as a witness in the case, with direction to trial Court to decide the case in accordance with law---Criminal revision was allowed accordingly. (c) Criminal Procedure Code (V of 1898)--- ----S. 265-F---Evidence for prosecution---Scope---Section 265-F is quite comprehensive---Clause (7) of S.265-F, Cr.P.C. has granted a right even to accused to apply for…

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