Law: Penal Code (West Pakistan Amendment) Act, 1964

Section: 302,109

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

Section: 133,151

(a) Criminal trial--- ----Witness---Hostile or un-favourable witness---Determination---Hostile witness can only be declared by a Court though it is generally at the request of attorney posing the questions---In determining as to who can be considered a hostile witness, Court decides based on witness demeanor and credibility, if the witness should be treated as hostile---Court can also rule that witness is un-favourable witness and not hostile witness---Just because a witness is providing un-favourable evidence, it does not mean such witness is doing so in an effort to be vindictive. (b) Penal Code (XLV of 1860)--- ----Ss. 302 109---Qanun-e-Shahadat (10 of 1984), Arts. 133 151---Qatl-i-amd and abetment---Appreciation of evidence---Hostile witness---Right to cross-examine---Locus standi was a prosecution witness who intended to cross examine another prosecution witness on the plea of his being hostile to prosecution---Credibility of statement of a witness could be permitted to be impeached by prosecution of its own witness, if statement of such witness in examination in chief was in deviation to his previous statement or such statement was adverse to the interest of prosecution---No such permission could be granted to prosecution on the basis of averment of statement of witness in cross examination by defence---Permission could not be granted to prosecution to cross examine a witness after he was cross examined by accused to impeach credibility of his statement made by him during cross examination---Application was not filed at appropriate stage and no request was made by complainant or legal heir of deceased for invoking powers of Trial Court under Art. 150 of Qanun-e-Shahadat, 1984 was only a witness and not amongst legal heirs and had no locus standi to file application for such declaration---High Court declined to interfere in the order passed by Trial Court declining to declare the witness as hostile---Revision was dismissed in circumstances. Dahyabhai Chhaganbhai Thakkar v. State of Gujarat AIR 1964 SC 1563; Mukhtar Ahmad v. The State 2003 SCMR 1374; Gura Singh v. State AIR 2001 SC 330; State of Bihar v. Lalu Prasad alias Lalu Prasad Yadav AIR 2002 SC 2432;…

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