Mst. NAGINA BEGUM vs ABDUL MAJEED ALI art — 2022 YLRN 77 KARACHI-HIGH-COURT-SINDH

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Mst. NAGINA BEGUM VS ABDUL MAJEED ALI art. 140---Criminal Procedure Code (V of 1898), S. 561-a---application for quashing of order---Cross-examination as to previous statement in writing---accused had challenged the order of the Trial Court, whereby, while cross-examinating, counsel referred an application to the witness filed by accused in other proceedings and counsel attempted to confront contents but such questions were not allowed by the Trial Court on the plea that since it was not exhibited in the case therefore it could not be shown and contents could not be put in cross-examination---Validity---article 140 of the Qanun-e-Shahadat, 1984, described that a witness could well be cross-examined as to previous statements, made by him in writing or reduced into writing, if same was relevant---Such right had been provided because the rival party might have competently produced such document at his turn, therefore, right to cross-examine regarding earlier relevant statements is not subject to production of that document, as per Part-1 of art.140 of Qanun-e-Shahadat, 1984---Trial Court was not competent to disallow such a question unless same would have been found 'irrelevant'---Law was quite clear that mere production/exhibition of a document was never a sufficient proof of its contents then admissibility and relevancy therefore could also be examined by Trial Court at proper time by taking objection or observation on record---Order impugned, being in complete negation to art. 140 of Qanun-e-Shahdat, 1984, could not be sustained, hence the same was set-aside---Criminal revision petition was allowed accordingly.

Mst. NAGINA BEGUM vs ABDUL MAJEED ALI art — 2022 YLRN 77 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported