Law: Criminal Procedure Code (V of 1898)

Section: 540

Law: Pakistan Penal Code, 1860

Section: 34,302

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

Section: 132,133

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 540--Re-examination of prosecution witness--Application u/S. 540, Cr.P.C., moved by prosecution, re-examination of PW has been allowed--Prosecution, sought re-examination of witness, on grounds that a statement, allegedly made by deceased (then injured), before Police, in hospital was signed by said doctor, hence to bring said fact and statement on record, his re-examination was necessary--Order of trial Court, for allowing re-examination of above said witness is quite justified, but its intention to re-examine witness, prior to cross-examination by defence is not as per requirement and order, prescribed, through above mentioned articles--Therefore, it is directed that firstly, cross-examination of witness be got conducted and thereafter he should be re-examined and if defence wants to re-cross-examine him, it be allowed. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 540--Section 540 of Code, empowers a Court that it, while realizing appropriate and necessary, can call and examine a person or re-examine a witness, who has already been examined. Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 132--Article 132 of Order defines classes of examination and Article 133 prescribes modes by which examination-in-chief, cross-examination, re-examination and re-cross-examination should be recorded. THIS JUDGMENT DELIVERED BY: MUHAMMAD TARIQ ABBASI, JUSTICE---.--- This revision petition calls in question, the order dated 09.09.2017, passed by the learned Additional Sessions Judge, Hassan Abdal, District Attock, whereby while accepting application under Section 540, Cr.P.C., moved by the prosecution, re-examination of Dr. Ishtiaq Hussain (PW-6) has been allowed. 2. The learned counsel for the petitioner has argued that act of the learned trial Court, for allowing re-examination of the above named witness, prior to cross-examination by the defence i.e. petitioner's party, being against the procedure and law, could not be appreciated, hence may be set aside. 3. The learned counsel appearing on behalf of Respondent No. 1 has contended that Section 540, Cr.P.C. fully empowers a Court to re-examine a witness, hence the…

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