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

Section: 150

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 150---Question by party to his own witness---Scope---Where prosecution witness in an unguarded moment had deposed something which was unfavourable to the prosecution and no such material was available on the record showing that the witness was deliberately suppressing the truth or had changed his loyalty and the intention was clear, High Court observed that in absence of all such circumstances, the discretion to allow the party to re-examine his own witness could not be allowed. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 150---Question by party to his own witness---Scope---Hostile witness is one who, from the manner in which he gives his evidence, shows that he is not telling the truth and resiles from his earlier statement given during investigation and damages the case of the calling party while an unfavourable witness is one who without any hostile intention gives evidence which is contrary to the interest of the prosecution. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art. 150---Question by party to his own witness---Scope---Cross-examination is a valuable right of an accused to test the veracity and accuracy of a prosecution witnesss evidence given in the examination-in-chief and to elicit from the witness any fact which may be favourable to the accused---Witness can be allowed to be treated as hostile only during examination-in-chief and not after he was cross-examined by the other party---If the opportunity of cross-examination of his own witness in such like cases is given, it would destroy the very purpose of cross-examination---No doubt, under Art. 150 of Qanun-e-Shahadat, 1984, the prosecution has the right to request the Trial Court for declaring a witness as hostile if the witness resiles from his previous statement recorded during investigation or any other proceedings, however, the Court shall not exercise its discretion of declaring a witness hostile unless the Court is satisfied that the elements of hostility are exhibited during examination-in-chief or the witness is not speaking truth for the party he is deposing and his design is obvious then the Court by using its judicial discretion can permit…

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