Law: Code of Criminal Procedure (CrPC), 1898

Section: 540, 561-A,,,,, 376

Law: Pakistan Penal Code, 1860

Section:

(a)    Criminal Procedure Code (V of 1898)-------S. 540---Power to summon material witness or examine person present---Scope--Section 540, Cr.P.C, empowers the Court to summon, examine, recall and reexamine any person, if his evidence appears to the said Court essential for the just decision of the case---Court can summon any witness at any stage subject to its satisfaction that the evidence would be a stepping stone for just decision---First part of the said section confers discretion, the second makes obligatory that recalling is essential for the just decision of the case, but, at the same time, there are some factors which restrain the Court from summoning, recalling or re-examining the witness as it should not be meant to fill in lacuna left by any party.2001 SCMR 424; PLD 1991 SC 430 and 2011 SCMR 474 rel.(b)    Penal Code (XLV of 1860)-------S. 376---Criminal Procedure Code (V of 1898), Ss. 561-A & 540---Inherent powers of High Court---Quashing of order---Summoning of witnesses for reexamination---Application of the prosecution for summoning the witnesses for reexamination was allowed---Validity---Petitioner had committed rape with his niece/victim resulting into her pregnancy and subsequent delivery of baby girl, who subsequently expired---Record showed that case was registered on 05.07.2021--Post mortem examination of deceased child was conducted on 21.05.2022 by the Woman Medical Officer, who extracted sample for DNA from spleen---Said sample was submitted on 30.05.2022 for Forensic DNA and Serology Analysis Report--Thereafter, the report of Forensic Science Agency in respect of Forensic DNA and Serology Analysis was issued on 30.09.2022---Despite this clear cut mentioning of the Forensic Science Agency, in respect of recovering of material evidence within 15 days of issuance of first report, the subsequent had been issued after more than one year---It was questionable as to why the report was requisitioned and submitted after such a long period---Statement of Woman Medical Officer was recorded on 18.05.2023 whereby said witness endorsed the report and based her final opinion on the said report and…

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