FAZAL SUBHAN vs art — 2023 PLD 130 PESHAWAR-HIGH-COURT

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FAZAL SUBHAN VS art. 150---Declaration of a witness as hostile---Powers of the Trial Court---Scope---Trial Court dismissed an application moved by the petitioner/complainant for declaring one of prosecution witnesses as a hostile witness---Contention of the petitioner/complainant was that the replies given by the said prosecution witness (police official) to a few questions, having been put to him during his cross-examination, would favour the defence---Held, that the witness could be declared as a hostile witness by the Court under art. 150 of the Qanun-e-Shahadat Order, 1984 ('the Order 1984'), however, the same (article) had conferred discretion upon the Trial Court in said regard---Trial Court was to permit the person who had called a witness to put any question to him (witness), which actually was to be put in cross-examination by the adverse party---Only controversy, in the present case, was that at what stage of the proceedings said mandate of the Trial Court was to be attracted---Record revealed that the witness-in-question recorded his examination-in-chief prima facie supporting the version of the prosecution and thereafter the defense started cross-examination of the said witness; and it was in the middle of his cross-examination when the petitioner/complainant made a request to declare him a hostile witness which request was turned down---Party could ask the Court to declare a witness as hostile when it was its witness, however, once the witness had completed the process of examination-in-chief and the moment when the opposite party had started cross-examination then such witness did not remain the party's witness; and thus at such stage (i.e. cross-examination) it could not ask the Court to declare him as a hostile witness---Party could ask for declaring the witness as hostile when the opposite party had not started the cross-examination but once cross-examination had commenced then such request could not be entertained as after putting the first question in the cross-examination the said witness did not remain the witness of the prosecution/ complainant---Trial Court had rightly turned down the request/ application of the petitioner/ complainant for declaring the prosecution witness as hostile ---Criminal revision was dismissed in limine, in circumstances.

FAZAL SUBHAN vs art — 2023 PLD 130 PESHAWAR-HIGH-COURT

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