Law: Criminal Procedure Code (V of 1898)

Section: 540

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

Section: 133

(a) Criminal Procedure Code (V of 1898)--- ----S. 540---Power to summon material witness or examine person present---Expression ‘already examined’---Scope---Accused assailed order passed by Trial Court whereby it allowed the application filed by the prosecution under S. 540, Cr.P.C. and recalled the witness whose cross-examination was reserved by the accused---Term ‘already examined’ as used in S. 540, Cr.P.C. could be easily construed to mean that a witness stood already examined when the order in which the witness was to be examined i.e. the procedure prescribed in Art. 133 of Qanun-e-Shahadat, 1984, had been followed and the examination of witness had been completed---Essential requirement was that the witness sought to be recalled and re-examined must have been already examined---Trial Court proceeded to allow the application even prior to the conclusion of cross-examination, hence, fell in error---Revision petition was allowed and the impugned order was set aside, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 540---Power to summon material witness or examine person present---Scope---Section 540, Cr.P.C. deals with three kinds of cases and invests the Court with a power to deal with them---First case is of a person not examined by any Court and who is not present in Court---Such a person may be summoned by the Court to give evidence, in which case he will be summoned and examined by the Court---Second case is of a person who is present in Court though he is not summoned as a witness---In the present case also the Court can examine such a person, and the third case is of a person who has already been examined in Court and the Court is invested with the power to recall him and re-examine him---Such power, however, can be exercised by the Court if the evidence of such a person appears to the Court essential to the just decision of the case. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art. 133---Order of examination---Scope---Examination of a witness by the party who calls him is examination-in-chief---Examination of a witness by the adverse party is called cross-examination and the examination of the witness subsequent to the…

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