SAMIULLAH vs SPECIAL JUDGE ANTI RAPE/SESSIONS JUDGE, SARIAB DIVISION S — 2023 PLD 46 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PLD 46 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PLD
Parties: SAMIULLAH vs SPECIAL JUDGE ANTI RAPE/SESSIONS JUDGE, SARIAB DIVISION S
Subject matter: Criminal
Provisions referred to: S. 540---Q; S. 540

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

SAMIULLAH VS SPECIAL JUDGE ANTI RAPE/SESSIONS JUDGE, SARIAB DIVISION S. 540---Qanun-e-Shahadat (10 of 1984), Art. 133---Order of examinations---Power to summon material witness or examine person present---Scope---Examination of a witness by the party who calls him is called examination-in-chief---Examination of a witness by the adverse party is called cross-examination, and the examination of the witness after the cross-examination by a party is re-examining---Article 133 of the Qanun-e-Shahadat, 1984, prescribes the order in which the witness is to be examined---Article 133 states the witness shall be first examined-in-chief, then if the adverse party so desires, cross-examined, and then, if the party calling him so desires, it can get him re-examined---Said provision, therefore, lays down a procedure as to how a witness called on behalf of a party is to be dealt with at the trial and the order in which the witness has to be examined by each party (prosecution and accused) during the trial---Term "already examined" as used in S. 540, Cr.P.C. can be easily construed to mean that a witness stands already examined when the order in which the witness is to be examined prescribed by Art. 133 of the Qanun-e-Shahadat, 1984 has been followed---Essential requirement is that the witness sought to be recalled or re-examined under the provisions of S. 540, Cr.P.C. must have been already examined.

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