Law:

Section:

(a) Criminal Procedure Code (V of 1898)------S. 540---Summoning a person as witness---Object and scope---Court, jurisdiction of---Provision of S.540, Cr.P.C. is divided into two parts first is discretionary in nature, whereas the second is mandatory--- Solitary purpose of judicial proceedings in criminal cases is to find out truth and to arrive at a correct calculation and to see that no innocent person is punished---If it appears essential to Court that evidence is necessary for just decision of case, Trial Court is vested with jurisdiction to re-examine any witness and the only requirement is that his/her examination should be essential for the just decision of the case. (b) Judicial proceedings--- ----Object---Purpose of entire judicial proceedings is to find out truth and to arrive at correct decision. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art. 3---Competency of witness---Child witness---Principle---Child of tender age, by reason of his/her youth, is not absolutely disqualified as a witness---No precise age prescribed which determines the question of competency of a person to give evidence---In case of child witness it is immaterial whether he/she can understand and answer in rational manner questions put to him/her---No general rule of universal application can be laid down that in no case evidence of child witness be believed---Each case depends upon its particular facts and circumstances. (d) Penal Code (XLV of 1860)--- ----Ss. 302 & 324---Anti-Terrorism Act (XXVII of 1997), S.7---Criminal Procedure Code (V of 1898), Ss. 200 & 540---Constitution of Pakistan, Art.199---Constitutional petition---Re-summoning of witness---During trial of private complaint on the allegations of Qatl-e-amd, attempt to Qatl-e-amd and terrorism, injured eyewitness of 10-11 years of age was given up by complainant on the plea of her being minor---Subsequently complainant filed application for re-summoning of injured girl as witness but Trial Court dismissed that application---Validity---Court had inherent powers to ensure that justice was done---In cases when court smelt foul play, it was not only justified but duty bound, in the interest of justice, to ascertain…

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