Law: Criminal Procedure Code (V of 1898)

Section: 157,160,161,435,439

Law: Evidence Act, (1 of 1872)

Section: 151,154

Law: Pakistan Penal Code, 1860

Section: 34,302

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

Section: 150

Criminal Procedure Code, 1898 (V of 1898)-- ---Ss. 435/439--Revision petition--Declaring Investigation officer as hostile witness who declared accused as innocent in investigation--Right of cross-examination on his own witness--Duty of the Investigation officer--Trial Court has declined to accept the prayer of his counsel for declaring S.I/I.O., hostile, who is Investigating Officer in the case and was examined by prosecution as PW--I.O. on the basis of evidence collected during investigation, declared accused as not involved in the case--I.O. verified the entire proceedings of investigation, conducted by him, from the beginning to the stage of his recommendations in favour of accused, declaring him innocent--The said investigation was never challenged by the complainant before any forum so much so the prosecution itself summoned the said witness to appear as PW--I.O. only recounted that facts which he came to know of during the investigation and did not add a single word to that in examination-in-chief recorded in the trial Court. Whatever the investigation was carried out by him before submitting the challan in the Court that has been relied by the complainant--It is the job of the trial Court to evaluate its relevancy and admissibility--There is no impropriety, illegality or jurisdictional error in the order passed by the trial Court--Petition is dismissed. Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 150--Hostile Witness--The word 'hostile' does not figure anywhere in any Article of the Qanun-e-Shahadat Order, 1984 but it has been introduced in the judicial precedents, while interpreting Section 154 of the Evidence Act of 1872 and Article 150 of the Qanun-e-Shahadat Order, 1984--The Court may, in its discretion, permit the person who calls a witness to put any questions to him which might he put in cross examination by the adverse party--It is decision of the Court to permit the party who calls a witness to put any question to him and it is not the right of that party. This discretion is to be exercised with due caution and attention keeping in view the interests of both the parties--Normally a witness who becomes hostile or antagonistic to the…

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