Law: Criminal Procedure Code (V of 1898)

Section: 540

Criminal Procedure Code (V of 1898)--- ----S. 540---Application of accused for re-calling of prosecution witness for re-examination---Said application was dismissed---Validity---Held, S. 540, Cr.P.C., was divided in two parts, first was discretionary in nature; while second was mandatory---Said provision of law, allowed the court for recalling and re-examining any witness already examined, but it was essentially subject to reaching to a just decision of the case---No witness was to be examined or re-examined merely to fill in the lacuna by the prosecution or the defence---In the present case, four prosecution witnesses had appeared and examined on oath and were subjected to lengthy cross-examination; and with an interval of more than two years, an application under S.540, Cr.P.C., was filed in the Trial Court for re-examining the witnesses, on the ground that previous counsel for accused, due to lack of interest, oversight and incompetence, could not ask some important questions, that would have been fatal to the prosecution case---High Court observed that in the larger interest of justice and in order to ascertain truth, revision was allowed to the extent of two main witnesses. 2002 SCMR 664; 2002 SCMR 468; 2001 SCMR 308; 2011 SCMR 713; 1998 SCMR 326; 1989 SCMR 397; 2004 PCr.LJ 699; 2005 PCr.LJ 638; 1991 PCr.LJ 877; 1992 PCr.LJ 729; 1988 PCr.LJ 1464; 1996 PCr.LJ 1439; 2017 PCr.LJ 294; 2016 PCr.LJ 1124; 2016 PCr.LJ 667; 1995 PCr.LJ 730; 2003 PCr.LJ 624; 2007 PCr.LJ 905; 2002 PCr.LJ 1501; 1981 PCr.LJ 1004; 2016 MLD 1937; 1992 MLD 378; 2006 MLD 327; PLD 2012 Isl. 35; PLD 1984 SC 95; PLD 2001 Lah. 463; PLD 2002 Kar. 411; PLD 1971 SC 709; PLD 1991 SC 430; 2016 YLR 62; 2009 YLR 486 and 2007 YLR 851 ref. THIS ORDER PASSED BY: MRS. KAUSAR SULTANA HUSSAIN, JUSTICE:---.--- This is a criminal revision application under section 439, Cr.P.C. read with sections 435 and 561-A, Cr.P.C. filed by the applicants/accused, who being aggrieved and dissatisfied with the impugned order dated 22.03.2017, passed by learned IVth Additional Sessions Judge West Karachi in Sessions Case No. 1160 of 2013, whereby an application under section 540, Cr.P.C., filed by the applicants/accused for…

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