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

Section: 151,150

Law: Criminal Procedure Code (V of 1898)

Section: 173

(a) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 151 & 150---Hostile-witness---Declaration of investigating officer of a case/prosecution witness as a hostile witness---Scope---Investigating officer/prosecution witness found accused persons to be innocent and placed them in column No.2 of the report under S.173, Cr.P.C---During his examination-in-chief investigating officer made a statement to the effect that after completion of investigation he found accused persons to be innocent, because of which he placed their names in column No.2 of the report under S.173, Cr.P.C---Complainant sought to declare investigating officer as a hostile-witness on the ground that in his examination-in-chief he had no discretion to declare anybody guilty or non-guilty, therefore, he should be declared hostile and permission should be given to cross-examine him under Art.150 of Qanun-e-Shahadat, 1984---Trial Court permitted complainant to cross-examine the investigating officer---Validity---Investigating officer while appearing as prosecution witness verified the entire proceedings of investigation conducted by him, which resulted in his opinion with regard to innocence of accused persons and placing of accused person in column No.2 of the report under S.173, Cr.P.C---Investigating officer in his examination-in-chief stated everything exactly according to the record and nothing said by him was against the record entitling the prosecution to get him declared as hostile---Investigating officer in his examination-in-chief only narrated the facts of his investigation and did not add a single word when he appeared as a witness in court---Complainant never challenged investigation conducted by investigating officer, wherein accused persons were declared as innocent---Trial Court had committed illegality by declaring investigating officer to be hostile and allowing complainant to cross-examine him---Revision petition was allowed, impugned order of Trial Court whereby investigating officer was declared as hostile was set-aside and it was further held that cross-examination conducted upon investigating officer was illegal and would not form part of the evidence. 2010 MLD 1848 and Muhammad…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492