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

Section: 150,151

Law: Pakistan Penal Code, 1860

Section: 34,302

Law: Evidence Act, (1 of 1872)

Section: 154

Law: Criminal Procedure Code (V of 1898)

Section: 157,160,161,435,439

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 150---Question by party to his own witness---Hostile witness---Scope---Petitioner assailed order of Trial Court whereby it declined to declare the Investigating Officer as hostile witness---Validity---Investigating Officer had only narrated facts which he had come to know during investigation and did not add a word to that, in his examination-in-chief---Complainant, his counsel and Public Prosecutor were fully aware of the investigation conducted by Investigating Officer and it was in their knowledge that he would depose in support of his investigation, no matter it was in support of prosecution or of defence---Inspite of having knowledge regarding said facts, prosecution opted to examine him as its witness in the trial---No improvement, deviation, accumulation or suppression of material facts was visible in the statement of Investigating officer---Investigation was never challenged by the complainant before any forum so much so prosecution itself summoned the said witness---Revision petition was dismissed, in circumstances. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 150 & 151---Question by party to his own witness---Impeaching credit of witness---Hostile witness---Scope---Court can permit party to put any question to his witness but it is not a right of the party---Discretion by Trial Court is to be exercised with due caution and attention keeping in view the interests of both the parties, so that no one is prejudiced from the order of the court---Normally a witness who becomes hostile or antagonistic to the party who produced him for recording statement in his support, is allowed to be cross-examined to impeach the credit of the witness by evidence of the kind mentioned in Art. 151 of Qanun-e-Shahadat, 1984---Party must establish that the witness is guilty of equivocation, or that he is varying in his statement, or is trying to suppress the truth or that he bears animosity towards the party who calls him---Absence of any act on the part of the witness of such a nature disentitles the party to cross-examine him to impeach his credit. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art. 150---Question by party to…

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