Law: Criminal Procedure Code (V of 1898)

Section: 435,439-A

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 435 439-A--Criminal revision--When a request is made for cross-examining a prosecution witness after declaring him hostile, it is under desecration of trial Court to allow or disallow such a request--Article 150 of Qanoon-e-Shahadat Order, 1984 lays down that Court may, in its desecration, permit a person who calls a witness to put any question to him which might be put in cross-examination by adverse party--No doubt, credit of a witness can be impeached by adverse party but if a party intends to impeach his own witness, same can only be done with permission of Court--In present case, it is case of complainant that some important prosecution witnesses during recording of their evidence have given testimony, which is inconsistent with interest of complainant--Held: A prosecution witness cannot be impeached by declaring him hostile and permitting counsel for complainant or even public prosecutor to cross-examine said witness--Prosecution and complainant can only be justified in seeking impeachment of a prosecution witness when during his examination-in-chief or cross-examination, he has given testimony, which is inconsistent with some former statement made by him--In present case, investigator and other official witnesses have not deposed anything, which is inconsistent with any of their previous statement, as such it will not be justified to subject them to cross-examine by complainant or public prosecutor--Revision dismissed.[Pp. 65 66] A Mr. Anwar Ali Lohar, Advocate for Applicant. Mr. Nadir Ali Chachar, Advocate for Respondent No. 2. Mr. Deedar Ali M. Chohan, Advocate for Respondent No. 3. Mr. Aftab Ahmed Shar, Additional Prosecutor General. hearing date: 7.12.2020. ORDER Muhammad Akram, petitioner seeks pre-arrest bail in case registered vide FIR No. 328 dated 07.6.2021 at Police Station Qila Didar Singh, District…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492