RIAZ vs Mst — 2022 PCrLJ 1472 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PCrLJ 1472 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PCRLJ
Parties: RIAZ vs Mst

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

RIAZ VS Mst. RAEELA 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 witness's 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 cross-examination of the said witness---It may not be out of place to mention here that the testimony of a hostile witness is not totally washed out from the record of the case and that part of the statement of the witness which corroborates the prosecution version can still be taken into consideration. Head NotesCase Description

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