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

Section: 2(c),71,132

Law: Limitation Act (IX of 1908)

Section: 5,151,1

(a)    Qanun-e-Shahadat (10 of 1984)--- ----Arts. 2(c), 71 & 132---Evidence, producing of---Party s failure to complete its cross-examination---Effect---Suit was dismissed as the plaintiff failed to complete cross-examination of his witnesses---Validity---The term "evidence" encompasses examination-in-chief, cross-examination, and re-examination as outlined in Art. 132, together with Arts. 2(c) & 71 of the Qanun-e-Shahadat, 1984---A cross-examination is a continuing part of the whole statement and often more crucial than the examination-in-chief---The right to cross-examine prosecution witnesses is a fundamental and inalienable right of the accused; without this opportunity, the court cannot rely on the evidence of those witnesses---Cross-examination is crucial for uncovering the truth and any party must have the chance to cross-examine opposing witnesses---Evidence affecting a party is inadmissible unless the party has had the opportunity to test its truthfulness through cross-examination ---If no opportunity is provided to crossexamine a deponent, his testimony would be inadmissible---In the present case, however, appellant's witness was substantially cross-examined on two occasions, after which he voluntarily abstained despite being given further opportunities to appear while no reason was documented for his absence---If a party chooses to abstain from taking the witness stand, it can result in an adverse inference being drawn against it, suggesting that the party is withholding testimony because it would be damaging to its case---Moreover, at the very least, the incomplete cross-examination should not be used adversely against the accused or opposing party---However, if there is relevant material, the incomplete cross-examination of the party or witness may be used against them, provided that the existing material or evidence justifies such a conclusion, rather than discarding the incomplete cross-examination outright---Said baseline standards would ensure that parties cannot strategically avoid or abandon crossexamination midway without potential consequences---Division Bench of the High Court maintained the impugned…